EFFECTIVE MAY 2018
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AS DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND VELVET WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU FURTHER WAIVER YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION.
We reserve the right to accept or reject orders placed on our Site or limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.
You shall not use this Site for any illegal purposes and you must use it in compliance with all applicable laws and regulations. You shall not use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or which would otherwise impair the effectiveness or functionality of the Site. You agree not to attempt any unauthorized access to any part or component of the Site.
This Site is operated by Velvet from our offices in California, USA. Velvet makes no representations that the use or the content of the Site is appropriate or lawful in territories or jurisdictions outside of the United States or that any products are available outside of the United States. Use or access of this Site from countries or territories where the use of the Site or any of its content is illegal, unlawful, or violative of obscenity, privacy or other laws is strictly prohibited. Those who choose to access this Site from other countries or territories do so at their own risk and such users are solely responsible for compliance with applicable local laws and regulations.
OWNERSHIP OF SITE CONTENT
CONTENT YOU POST
LINKS TO OTHER WEBSITES AND SERVIces
To the extent that this Site contains links to outside services and resources, any concerns regarding any such service or resource, or any link included on this Site, should be directed to the particular outside service or resource. Velvet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
THIS SITE AND SITE CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT VELVET SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW EXPRESSLY PROHIBITS SUCH EXCLUSIONS, ANY SUCH EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
From time to time there may be information of a verbal, visual or other nature on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. Velvet reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your Velvet purchase, you may return it in accordance with our Return Policy, here: https://velvet-tees.com/shipping-returns.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL VELVET OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (1) BE LIABLE TO USERS WITH RESPECT TO USE OF THE SITE, THE SITE CONTENT, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VELVET’S RECORDS, PROGRAMS OR SERVICES; AND (2) BE LIABLE TO USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF ITS FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.
MANDATORY ARBITRATION OF DISPUTES
ATTN: Finance Department
3961 Landmark Street
Culver City, CA 90232
You must include your name and residence address, the email address you use for your Velvet account (if any), and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration provision will be null and void. This arbitration agreement will survive the termination of your relationship with Velvet.
GOVERNING LAW AND VENUE
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Velvet must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
SEVERABILITY AND WAIVER
Velvet welcomes your comments. If you have questions or comments about our policies, feel free to send us an e-mail at email@example.com.
NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)
We do not permit copyright infringing activities on the Site. We may remove any User Content (as defined in the “Content You Post” section above) if properly informed that the User Content infringe another's copyright rights. We may terminate the ability to submit User Content if, under appropriate circumstances, a person submitting User Content to the Site is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Content on the Site infringes your copyrights, you may notify us by providing the following information in writing to us at Velvet, LLC, ATTN.: Finance Department, 3961 Landmark Street, Culver City, CA 90232:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2) Identification of the location where the original or an authorized copy of the copyrighted work exists;
(3) Identification of the User Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Velvet to locate the same;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(5) A statement that you have a good faith belief that use of the User Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) 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 owner of an exclusive copyright right that is allegedly infringed.
If you fail to comply with all of the requirements above, your notice may not be valid.