Haute Melanin Culture TERMS OF USE
Contents
I. Agreement
These Terms of Use are legally binding. Any usage of the Haute Melanin Couture (HMC) site requires accepting and agreeing to the terms of use. Creating an account requires accepting and agreeing to the terms of use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms of use and specific terms of a specified purchase are further incorporated here by reference and are fully binding. You further agree that you may use an electronic signature to enter into contracts or otherwise transact business on this Site. Where appropriate, simply clicking a link may be sufficient to constitute an electronic signature and confirm a purchase.
II. Intellectual Property
Unless otherwise notes, HMC asserts its copyright over the HMC website and all content thereon. All rights are reserved. If you provide user generated content, you grant to HMC a perpetual, irrevocable, but non-exclusive license to use that user generated content. This license includes, but is not limited to, the right to reproduce, display, adapt, publish, perform, and display your user generated content. By providing user generated content, you warrant that you hold the copyright for the content. You agree to indemnify and hold harmless HMC for any usage of your user generated content.
III. User Representations
By using this site in any way you warrant and guarantee to HMC that: • You are an adult over the age of 18, or you are over the age of 14 and have provided proof of express written permission to use the site from your parents or guardians. • That your usage is lawful in your location and not for any fraudulent purposes. • That all information you submit to the HMC or the Site is true and accurate. • That you have legal capacity to enter into contracts • That you are a natural person and that you are not accessing the site through automated means including bots or scripts • That you will accept all terms and conditions, including the privacy policy and any other policies incorporated herein by reference. • That you provide permission to use your personal information and consent to the use of cookies.
IV. Registration
Registration is required to make certain usage of the Site including making purchases. Registering requires acceptance of the terms of us. HMC may cancel registration for any lawful reason in its sole discretion.
V. Fees
You agree that if you make a purchase with the Site you will pay all agreed upon fees. If fees are not paid for any reason including being cancelled by you or through a direction to your financial institution to stop payment, a $50.00 processing fee will be added to the amount owed and become immediately due and payable. You agree that HMC may make all appropriate charges to your credit card or other financial organization on file. You agree that HMC may use all lawful methods to collect any outstanding debts by You to HMC and that any outstanding debts will accrue interest at an 18% APR until paid off in full.
VI. Use of Site by Minors
HMC does not target minors of any age and does not solicit business from minors. HMC’s target market and target audience are adults over the age of majority. HMC expressly forbids any minor aged 13 or under from the use of HMC or the Site. HMC reserves the right to immediately terminate the account of any person found to be under the age of 13 and to cancel any transactions initiated by a person under the age of 13. HMC does not solicit usage or target minors of any age. However, minors over the age of 14 may create an account and use the Site with the express written permission of the minor’s parents or guardians. To the extent allowable by law, a minor who uses this site agrees to be treated as a person over the age of majority and acknowledges that HMC is not required to treat them differently from any other user of the site. HMC reserves the right to immediately terminate the account and cancel any order made by a minor in
HMC’s sole discretion. Any minor using the Site must be monitored by an adult at all times.
VII. Prohibited activity
No user shall use the site or HMC’s services for any of the following purposes: • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. • Trick, defraud, or mislead HMC or other users. • Make improper use of our support services or submit false reports of abuse or misconduct. • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. • Attempt to impersonate another user or person or use the username of another user. • Use any information obtained from the Site to harass, abuse, or harm another person. • Use the Site as part of any effort to compete with HMC or otherwise use the Site and/or the Content. • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. • Delete the copyright or other proprietary rights notice from any Content. • Upload or transmit (or attempt to upload or to transmit) malware, viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware”)). • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. • Disparage, tarnish, or otherwise harm, the Site. • Use the Site in a manner inconsistent with any applicable laws or regulations • Use the Site to spread Hate Speech of any kind or form. HMC may use all lawful measures to prevent usage of the Site in violation of this section, including but not limited to termination of accounts, blocking of IP addresses, or taking legal action through the Court system.
VIII. Termination
You may terminate your account with HMC by providing written notice. HMC shall have 30 days to complete termination. HMC may terminate your account at any time for any lawful reason, including but not limited to violations of the terms of service.
IX. Governing Law and Jurisdiction
This agreement is governed by the laws of the State of Nevada. You agree that all disputes under this agreement shall be resolved solely by the Courts sitting in Clark County Nevada.
X. Disclaimer of Warranties
The site and all services of HMC are provided as-is with no warranties express or implied. All warranties are disclaimed to the extent permitted by law. In particular, but without limitation, HMC disclaims any warranties of merchantability or suitability for any particular purpose. HMC does not guarantee the accuracy of any information on the site. In particular, but without limitation, HMC disclaims all responsibility for the accuracy or appropriateness of user generated content. HMC does not endorse, guarantee, or any other way assume any responsibility for content on other sites even if those sites advertise or are discussed on HMC. To the extent permitted by law, you agree that under no circumstances may HMC be liable to you for more than $1,000.00 for any violation by HMC of the Terms of Service or Privacy Policy.
XI. Indemnification
You agree to defend, indemnify, and hold HMC harmless, including its subsidiaries, affiliates, and its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
XII. Most Recent Update and Integration Clause
This policy was most recently updated on November 17, 2022. HMC reserves the right to revise or change this policy at any time upon providing reasonable notice to its users. This agreement, when including the documents explicitly incorporated by reference, constitutes the entire agreement. You are not relying on any oral representations or on any statements made outside of this agreement or documents which are expressly incorporated by reference