Last updated: February 1, 2023
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of our website forcynthia.shop (“Site”) and any content, products, or services provided through the Site (“Services”).
Please read these Terms carefully before using our Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all provisions of these Terms, you may not access or use our Site or Services.
These Terms constitute a legally binding agreement between you and Forcynthia® Dresses, Clothing, Beachwear (“Forcynthia®”, “we”, “us”, or “our”). We may amend these Terms at any time by posting the revised Terms on the Site. Such amendments will be effective immediately upon posting. Your continued use of the Site or Services will confirm your acceptance of the revised Terms.
Use of Site and Services
Eligibility: You must be at least 18 years of age and have the requisite authority, power, and right to enter into these Terms. You may not access or use this Site or Services if doing so is prohibited in your country or under applicable law.
Site Access: We grant you a limited, non-exclusive, non-transferable, and revocable permission to access and use our Site and Services in accordance with these Terms. This license does not include any right to resell or use our Site or Services for commercial purposes without our prior written consent.
Service Access: Certain functionalities and areas of the Site may be accessible only if you register for an account with us. Access to paid Services is also contingent upon your payment of applicable fees. If you choose to register or make any payments, you agree to provide accurate and complete registration details, and valid payment information. Failure to do so may result in restriction or termination of your account and access to paid Services.
Account Responsibility: You are fully responsible for all activities conducted through your account. You must maintain the confidentiality of your username and password, not share it with anyone else, and immediately notify us of any unauthorized access or use. You may be liable for losses or damages incurred by us or others due to activities conducted through your account.
Order Processing: We will make reasonable efforts to fulfill your orders for products or services offered through the Site in a timely manner. However, certain orders may be cancelled or rejected for reasons such as unavailability of products or services, inaccuracies in product information or pricing, or problems identified by our credit and fraud avoidance procedures. We reserve the right to place quantity limits on any products or services offered.
Intellectual Property: The Site design, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright, trademark, and other proprietary rights. The posting of any content on the Site does not constitute a waiver of any right in such content. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights.
User Conduct
You agree that you will NOT use our Site or Services to:
- Post, upload, or distribute any content that is defamatory, abusive, threatening, harassing, obscene, pornographic, or illegal.
- Infringe the intellectual property or other proprietary rights of Forcynthia® or any third party.
- Upload or transmit any malware, viruses, spyware, or other malicious code.
- Violate the legal rights of others, including any right of privacy or publicity.
- Interfere with or disrupt the operation of the Site or Services.
- Use any robot, spider, scraper, or other unauthorized means to access the Site or Services.
- Collect or harvest any personally identifiable information of users.
- Place false or misleading information on the Site, impersonate any other person, or otherwise attempt to mislead others.
- Post, upload, or distribute marketing, advertising, or promotional content that contains false, deceptive, or misleading claims.
- Attempt to gain unauthorized access to other computer systems through the Site or Services.
- Violate any applicable laws, regulations, or terms of service of third-party platforms or services that interact with the Site or Services.
User Content
We may provide features that allow you to upload content to the Site and participate in interactive areas (“User Content”). When posting any User Content, you affirm, represent, and warrant that:
- You are the creator and owner of the User Content or otherwise have the necessary licenses and rights to post or distribute the content.
- Your User Content does not violate the copyright, trademark, patent, or other intellectual property rights of any third party.
- You grant Forcynthia® a perpetual, royalty-free, irrevocable, and transferable license to use, edit, modify, prepare derivative works of, reproduce, publish, display, distribute, and otherwise fully exploit the User Content in connection with the Site, Services, and Forcynthia®’s business, including without limitation for redistribution and promotion across networks and platforms. This license shall survive any termination of these Terms or your access to the Services.
- You waive any moral rights you may have in the User Content and acknowledge that Forcynthia® is not required to credit you for any use of the material.
We have no responsibility or liability for any User Content. We reserve the right to remove any User Content in our sole discretion without notice to you.
Payments and Billing
Fees: Access to certain Services or Site functionality may require payment of fees. All fees are listed in U.S. dollars unless stated otherwise. You are responsible for paying any applicable taxes.
Billing: For Services or features requiring payment, you will be asked to provide a valid payment method supported by our payment processor. By submitting payment information, you agree that the Services may charge your provided payment method to complete the payment transaction and any subsequent renewals.
Auto-Renewals: If you purchase a subscription plan with auto-renewal, your subscription will automatically renew for the same time period at the end of each subscription term using the same payment method you provided, until cancelled. You may cancel auto-renewal for your subscription at any time by accessing your account settings. Cancellation will take effect at the end of the current active subscription term.
Fee Changes: We reserve the right to change our fees or billing methods at any time by posting the changes on the Site. Such changes will take effect after your next billing cycle. Continued use of the paid Services after a fee change comes into effect constitutes your acceptance of the revised fees. If you do not wish to continue subscribing, you may cancel your subscription as outlined above.
Delinquent Accounts: If we do not receive full payment for amounts due by their due date, we reserve the right to suspend or restrict access to the unpaid Services, delete data, or terminate your account. Accounts more than 60 days past due may be sent to collection agencies. You will continue to be responsible for any amounts owed, including reasonable collection costs.
Disclaimers and Limitation of Liability
No Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, Forcynthia® PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY Forcynthia® OR ITS REPRESENTATIVES WILL CREATE A WARRANTY.
Damage Limitations: IN NO EVENT SHALL Forcynthia®, ITS DIRECTORS, EMPLOYEES, AGENTS, OR CONTENT PARTNERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER; (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO Forcynthia® FOR THE PARTICULAR SERVICES DURING THE PRECEDING YEAR OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You will defend, hold harmless, and indemnify Forcynthia® and its subsidiaries, affiliates, officers, directors, employees, consultants, agents, and representatives from any claims made by third parties arising out of or related to your use of the Site or Services, violation of these Terms, or violation of any applicable laws, regulations, or rights of third parties. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnity by you.
Privacy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you when you access or use our Site or Services. The Privacy Policy is incorporated by reference into these Terms.
Modifications
We reserve the right to modify these Terms by posting revised Terms on the Site. All modifications will be effective immediately upon posting. Your continued use of Services after any changes to the Terms constitutes your acceptance of the amended Terms. You should revisit this page periodically to ensure you are aware of the current Terms.
In addition, we may notify you of changes or updates by email or through our Services. However, we have no obligation to directly contact you for purposes of informing you of modifications to the Terms. You acknowledge that the onus falls on you to periodically check the Site for any changes and review the Terms.
General Legal Terms
Law and Jurisdiction: These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. Any disputes related to these Terms must be resolved exclusively in the state or federal courts located in Delaware.
Severability: If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be modified to the least degree necessary to remedy the invalidity while preserving the original intent of the parties.
Waiver: Any failure by Forcynthia® to exercise or enforce rights or provisions under these Terms does not constitute a waiver of such right or provision unless acknowledged and agreed in writing.
Assignment: You may not assign or transfer these Terms or any rights or licenses granted hereunder. Forcynthia® may assign the Terms without restriction.
Entire Agreement: These Terms constitute the entire agreement between you and Forcynthia® with respect to access and use of the Site and Services. These Terms supersede any prior communications or agreements, whether written or oral. Our failure to exercise or enforce any rights or provisions of these Terms does not constitute a waiver of such rights or provisions.
Contact Us: If you have any questions about these Terms, please contact us at:
Forcynthia® Dresses, Clothing, Beachwear
Attn: Legal Department
[email protected]
By accessing or using our Site or Services, you confirm your understanding of and consent to be bound by these Terms.