Terms of Service

NOTICE OF ACCEPTANCE

The materials on this web site (“Site”) are provided by Swoon The Brand or its subsidiaries and affiliates (“Swoon The Brand”) as a customer service. By downloading, viewing, copying, printing or otherwise using any part of the Site, you agree to these Terms of Use (Including Privacy Policy and Certain Provisions Regarding Purchases/Returns/Exchanges) (the “Terms of Use”). If you do not agree with these Terms of Use, please do not download, view, copy, print or otherwise use any part of the Site. These Terms of Use may be revised at any time by updates to this page.

WEB SITE COPYRIGHT

All materials on this Web Site (“Site”), including text, graphics, logos, icons, images, and audio or video files, are the property of Swoon The Brand or its content providers, and are protected by U.S. and international copyright laws. The compilation of all the content on this Site is the exclusive property of Swoon The Brand and is also protected by U.S. and international copyright laws. You may download onto one computer, view, copy, and print the materials on this Site for personal, informational, non-commercial, internal use only, provided that you do not remove or alter any trademark, service mark or logo, or any copyright or other proprietary notices, in the case of printing, that reproduction is not done in large quantities (defined as ten or more copies of a particular image, description, or biography). Notwithstanding the foregoing, you may download, view, copy, and print the details for the products offered by Swoon The Brand only as a means to facilitate the purchase of said products from Swoon The Brand. Such use shall be subject to the disclaimer of warranty, limitation of liability and other terms and conditions contained herein. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any part of the Site in any form or by any means without the prior written consent of Swoon The Brand (including by mirroring any part of the Site). Swoon The Brand may revoke any of the rights granted in these Terms of Use at any time without notice, and those rights terminate automatically without notice if you violate any of these Terms of Use. Upon revocation or termination of such rights, you must destroy any digital or printed copies you have of any portion of the Site. Unauthorized use of any materials on this Site may violate copyright laws, trademark laws, and other laws of the U.S. and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. 
Everything you download—the software, images, and data—remains our property. We retain full and complete title to the software and to all associated intellectual property rights. Site material may not be redistributed or sold, nor may it be reverse-engineered, disassembled, or otherwise converted to any other form.

ARTIST COPYRIGHTS

All digital images contained in this website are owned or under license by Swoon The Brand and are available to any person for the express purpose of viewing the Site. No image or portion of any image may be reused without the express written consent of Swoon The Brand and the individual artist. All physical artworks are owned solely by the individual artists and are subject to United States and international copyright laws. No artwork may be reproduced or replicated in part or in its totality without the express written consent of Swoon The Brand and the individual artist.

TRADEMARK

The trademarks, service marks and logos used on this site (“Trademarks”) are registered or unregistered Trademarks of Swoon The Brand or its subsidiaries and affiliates, or others. Nothing on this Site shall be construed as granting (by implication, estoppel, or otherwise) any license or right to use any Trademark without the prior written consent of Swoon The Brand or any third party that owns a Trademark displayed on the Site. Swoon The Brand, its subsidiaries and affiliates make no claim to the Trademarks of others which may be displayed on the Site. In particular, Swoon The Brand prohibits the use of any Trademark as a link to this Site or any other site.


LINKS TO OTHER SITES

As a convenience to users, the Site may contain links to non-Swoon The Brand sites. Swoon The Brand has no control over and accepts no responsibility for the content or performance of non-Swoon The Brand sites, and a link to a non-Swoon The Brand site does not mean that Swoon The Brand endorses or makes any representations about that site, its performance, its content, its owner, or its owner’s products or services.
 

GLOBAL AVAILABILITY AND APPLICABLE LAWS

The Site may contain references to Swoon The Brand products, services or programs that are not available in your country. Such references are not intended to announce such products, services or programs in your country. Swoon The Brand makes no representation that access to the Site is permitted under the laws of nations other than the United States, and access to the Site is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access to the Site. The use of the Site and any claim relating to it or its contents are governed by the laws of the state of New York, United States and controlling federal law of the United States, without regard to conflict of laws provisions.
 

DISCLAIMER OF WARRANTY

The information contained on the Site may contain technical inaccuracies or typographical errors. Both the Site and the products and services described on the Site may be changed at any time without notice. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY SWOON THE BRAND. Swoon The Brand assumes no responsibility, and will not be liable for, any damage to, or viruses or other disabling code that may infect your computer equipment, software or other property as a result of your downloading, viewing, or otherwise using the Site or any of its content, or any sites to which the Site contains a link, or their content. THE SITE AND ITS CONTENTS ARE PRESENTED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SWOON THE BRAND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH RESPECT TO THE SITE AND ANY SITE TO WHICH THE SITE CONTAINS A LINK.
 
 
LIMITATION OF LIABILITY

IN NO EVENT SHALL SWOON THE BRAND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, SUFFERED AS A RESULT OF DOWNLOADING, VIEWING, COPYING, PRINTING, DISTRIBUTING, MODIFYING, RELYING UPON, OR OTHERWISE USING OR BEING UNABLE TO USE ANY PORTION OF THE SITE OR ANY SITE TO WHICH THE SITE CONTAINS A LINK, INCLUDING, BUT NOT LIMITED TO, ANY BUSINESS INTERRUPTION, WORK DELAY, OR LOSS OF DATA, PROFITS, REVENUES OR OTHER ECONOMIC ADVANTAGE, WHETHER SUCH DAMAGES ARE CLAIMED UNDER CONTRACT, IN TORT, OR OTHERWISE, AND EVEN IF SWOON THE BRAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
IN NO EVENT SHALL SWOON THE BRAND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, SUFFERED AS A RESULT OF ACTIONS PERFORMED BY ANY WEB SITE HOSTING SERVICES UTILIZED BY SWOON THE BRAND.

SWOON THE BRAND SHALL HAVE no responsibility or liability for technical problems or technical malfunction which may affect the operation of THIS SITE, including but not limited to, any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of THIS SITE, in whole or in part for any reason; traffic congestions on the Internet or THIS SITE; unauthorized human or non-human intervention of the operation of THIS SITE, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, OR worms. Use of THIS SITE is at user’s own risk. SWOON THE BRAND IS not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from USE OF THIS SITE OR THE download of any information from THIS SITE.
SEE ALSO THE LIMITATIONS OF LIABILITY SET FORTH IN THE SECTION BELOW RELATING TO PURCHASES, RETURNS AND EXCHANGES .
Procedure for Claims of Intellectual Property Infringement
If you believe that we have published an image or text that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide us with written notice containing the following information:
your name, address, telephone number, facsimile number and e-mail address; 
the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 
a description of the copyrighted work or other intellectual property that you claim has been infringed; 
a description of the image or text you claim is infringing; 
the exact permanent URL for the page or a description of where the image or text that you claim is infringing is located on the Website; 
evidence and information establishing or supporting ownership of a copyright or intellectual property right which is being infringed upon; 
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and 
a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. 
Notices of claims of copyright or other intellectual property infringement should be directed to: amanda@luvaj.com 
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  
MOBILE PROGRAM TERMS OF SERVICE

The Swoon The Brand mobile message service (the "Service") is operated by Swoon The Brand Inc (“ Swoon The Brand ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Swoon The Brand’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Swoon The Brand through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Swoon The Brand. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to [insert your sending number] or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Swoon The Brand mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email orders@swoonthebrand.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy