CRISSCROSS Intimates Collection - CUSTOMER SERVICE
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Privacy, Terms and Conditions
We are not responsible for the accuracy of any information displayed in our Apps, Services or Sites, for any or untimely, latent or missed transaction. We are not responsible for user account data and are not responsible or liable for accidental or intention data loss through the use of our Apps, Services or Sites.
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site or Apps. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site or Apps after that date, you agree to the changes.
The Site or Apps are not intended for children under the age of 13 and no person under the age of 13 may use the Site or Apps. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site or Apps, you affirm you are at least 13 years old.
Updates to Terms
TERMS OF SERVICE AND USE:
You may be asked to register for an account to use certain features of the Site, Services or Apps.
Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including commercial transactions) that are conducted through your account.
You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
· Restrict or inhibit any other person from using the Site or Apps;
· Use the Site or Apps for any unlawful purpose;
· Express or imply that any statements you make are endorsed by us, without our prior written consent;
· Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
· Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
· Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
· Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
· Engage in spamming or flooding;
· Harvest or collect information about Site or Apps users;
· Use or derive data to determine CRISSCROSS Intimates Site functionality, user information, aggregate statistics on CRISSCROSS Intimates Site performance, or the performance of third party data integration partners.
· Circumvent restrictions placed on the types and form of data available through the CRISSCROSS Intimates Site or attempt to subvert or compromise CRISSCROSS Intimates ability to provide users with valid and accurate information.
· Change, use or manipulate data in any way that is misleading to any user, customer, end user, or recipient of information.
Ownership of Data, Content and Grant of Conditional License
The Site or Apps and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the Site or Apps (collectively, the "Content") is owned by us or our licensors. We own a copyright in the Site or Apps and Content. We may change the Content and features of the Site or Apps at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use this Site or Apps and its Content as permitted by these Terms, as a condition precedent, you agree that you will not:
· Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
· Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the site or Apps;
· Link to any portion of the Site or Apps other than the URL assigned to the home page of our Site or a URL for user storage located within the Apps;
· "Frame" or "mirror" any part of the Site or Apps;
· Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Apps or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Apps;
· Remove any copyright, trademark or other proprietary rights notices contained on/in the Site or Apps;
· Use any robot, spider, offline reader, Site, Apps, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or Apps or its contents, including with respect to any CAPTCHA displayed on the Site or Apps. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
· Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
· Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
· Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or Apps or the Content;
· Use the Site or Apps or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site or Apps and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
The registered and unregistered trademarks, logos and service marks displayed on the Site or Apps are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by writing:
CRISSCROSS Intimates, LLC
Claims of Copyright Infringement On The Site or Apps
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site or Apps infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site or Apps that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site or Apps; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to:
CRISSCROSS Intimates, LLC
Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Site or Apps. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site or Apps at any time without notice to you. If that happens, you may no longer use the Site or Apps or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or Apps or to your account or any related information, and we will not be required to make the Site or Apps or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the Site or Apps may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site or Apps are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Site or Apps, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License above, either of us may file a lawsuit in a federal or state court located within New Jersey or Union County, New Jersey, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within New Jersey or Union County, New Jersey, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act. It is intended to be broadly interpreted, and will survive termination of these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
CRISSCROSS Intimates™ and its affiliated company warrants the CRISSCROSS Intimates product against defects in material or workmanship for a period of thirty (30) days from the original date of purchase of the product by a consumer (the “Warranty Period”). If a material or workmanship defect arises with regard to any CRISSCROSS Intimates product, and a valid claim is received within the Warranty Period, CRISSCROSS Intimates will (1) replace the CRISSCROSS Intimates product with a new garment or product. In the event of a defect, these are your exclusive remedies.
EXCLUSIONS AND LIMITATIONS
Except for the limited warranty expressly set forth above or to the extent restricted or prohibited by applicable law, CRISSCROSS Intimates expressly disclaims any and all other warranties express or implied, including any warranty of quality, merchantability, or fitness for a particular purpose, and you specifically agree that CRISSCROSS Intimates shall not be liable for any special, incidental, indirect, punitive, or consequential damages for breach of any warranty of any type on any CRISSCROSS Intimates product. In addition to and without limiting the generality of the foregoing disclaimers, the limited warranty does not, under any circumstances, cover the replacement or cost of any new undergarment or product in the CRISSCROSS Intimates line.