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Terms and Conditions

Terms and Conditions

TERMS & CONDITIONS

USE OF THIS SITE OR SERVICES SIGNIFIES YOUR AGREEMENT TO
THESE TERMS AND CONDITIONS

 

This web site is owned, operated and the services
are provided by ClothesforCuties.co.uk


Clothes for Cuties.co.uk reserves the right to amend these terms without notice.


TERMS OF SERVICE
These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of the this web site, including any sub-site accessible through the homepage, (collectively, the "Site") and other web sites and domains owned by Clothes for Cuties.co.uk and lawfully displaying the Clothes for Cuties.co.uk logo and the services and materials offered thereon (the "Service") which are offered to you by Clothes for Cuties ("Clothes for Cuties") on behalf of its subsidiary companies. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.

1. Restrictions on Use - The Service is a computer online service providing Clothes for Cuties services. It is accessible to you through a personal computer, mobile or other access device or to any other Clothes for Cuties web addresses (the "Clothes for Cuties Site") using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other web sites and other computer services Clothes for Cuties may decide to offer, subject to the terms hereof. Clothes for Cuties may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to:
1.1. restricting the time of availability,
1.2. restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),
1.3. restricting the amount of use permitted,
1.4. restricting or terminating any User's right to use all or part of the Service, at any time in Clothes for Cuties's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. The Service is owned and operated by Clothes for Cuties and its affiliated companies and contains materials that is derived in whole or in part from material supplied and owned by Clothes for Cuties and other sources. Such Clothes for Cuties material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material"). You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by Clothes for Cuties and Clothes for Cuties does not transfer title to any such Material to you.

2. Membership Rules and Guidelines
2.1. Registration - Should Clothes for Cuties choose to provide member based services, when you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Clothes for Cuties suspects that your information is untrue or inaccurate, not current, or incomplete, Clothes for Cuties may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy. The Service is currently provided for free. Clothes for Cuties reserves the right to change the nature of this relationship at any time.

2.2. Passwords - Should Clothes for Cuties provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Clothes for Cuties of any unauthorised use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.

2.3. General - Clothes for Cuties may choose to send you email newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by Clothes for Cuties, or presenting you with the opportunity to buy selected products and services should you have agreed to receiving such material from our company or subsidiaries.

2.4. Rules for Use of the Service
It is a condition of your use of the Service that you do not:
2.4.1. Restrict or inhibit any other user from using and enjoying the Service:
2.4.2. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined;
2.4.3. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms or trojan horses;
2.4.4. post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission);
2.4.5. post or transmit any information, software or other material that contains a virus or other harmful component;
2.4.6. post or transmit any content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
2.4.7. post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters";
2.4.8. solicit other users to join, become members of, or contribute money to any online service or other body, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
2.4.9. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
2.4.10. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
2.4.11. use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy;
2.4.12. disguise a file type to thwart Clothes for Cuties detection processes;
2.4.13. post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law;
2.4.14. submit to any Live Directory multiple web sites with different URLs that re-direct a user to one web page;
2.4.15. submit to Live Directory more than one URL for a single category;
2.4.16. update Live Directory descriptions of the entries, URLs, or keywords, or
2.4.17. attempt to gain unauthorised access to other computer systems or networks connected to the Service.

For the purposes of the Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Clothes for Cuties at its sole and absolute discretion, shall determine whether any information transmitted received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

2.5. Monitoring - Clothes for Cuties has no obligation to monitor the use of the Service by members. You acknowledge and agree that Clothes for Cuties reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operations and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorised purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, Clothes for Cuties reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Clothes for Cuties's sole and absolute discretion are objectionable or in violation of the Agreement. To assist in the business process some telephone calls to Clothes for Cuties may be recorded.

2.6. Licence - By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting Clothes for Cuties a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide licence to use, copy sub-licence, adapt, transmit, publicly perform, display, or create derivative works from any rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Clothes for Cuties, except as otherwise provided in our Privacy Policy.

2.7. Content of the Service - Communications posted through the Service are provided by users such as you who may or may not be affiliated with Clothes for Cuties, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Clothes for Cuties, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving email messages from members through the Service, you should not assume that such messages have been reviewed by Clothes for Cuties, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will Clothes for Cuties be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, emailed, or otherwise transmitted via the Service.

2.8. Personal Safety - When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or email address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

3. Submissions - Clothes for Cuties is pleased to hear from users and welcomes your comments regarding Clothes for Cuties's programs and services. Clothes for Cuties's company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Clothes for Cuties's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of Clothes for Cuties, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorised to grant all rights in the Comments to Clothes for Cuties. Disclosure, submission, or offer of any Comments shall constitute an assignment to Clothes for Cuties of all worldwide rights, titles, and interest in all copyrights and other intellectual property rights in such Comments. Clothes for Cuties may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Clothes for Cuties and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. Clothes for Cuties is and shall be under no obligation to:
3.1. maintain any of your or any user's Comments in confidence;
3.2. to pay to you or any user any compensation for any Comments; or
3.3. to respond to any of your or any other user's Comments.

4. Merchants - Your correspondence or business dealing with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Clothes for Cuties will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.

5. Disclaimer of Warranties – clothes for cuties has provided links and pointers to internet sites maintained by third parties ("third party sites") and may from time to time provide third party materials on the service. Neither clothes for cuties or its subsidiary companies nor its affiliates or suppliers operate or control in any respect any information, products or services on these third party sites. The service, the materials and products available in or accessible through the service, and the third party sites are provided "as is" and, to the fullest extent permissible pursuant to applicable law, clothes for cuties disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing. Clothes for cuties does not warrant that the functions contained in such materials and products, or in the service, will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the service, including the storage services and their contents, or the server that makes them available, are free of viruses or other harmful components. Clothes for cuties does not warrant or make any representations regarding the use, or the results of the use, of the materials in the service or in third party sites in terms of their correctness’, accuracy, timeliness, reliability, completeness or otherwise.

You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

6. Limitation of Liability - In no event clothes for cuties, subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the service or with the delay or inability to use the service, or for any information, software, products and services advertised in or obtained through the service, Clothes for Cuties removal or deletion of any materials or records submitted or posted on its site, or otherwise arising out of the use of the service, whether based on contract, tort, strict liability or otherwise, even if Clothes for Cuties or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that Clothes for Cuties, or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service.

7. Indemnification - You agree to defend, indemnify and hold harmless Clothes for Cuties, its affiliates and subsidiary companies and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from
7.1 any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy,
7.2 any misrepresentation made by you in connection with your use of the Service;
7.3 any non-compliance by you with the terms and conditions of this Agreement; and
7.4 claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

8. Termination - Clothes for Cuties may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stores, sent, or received via the Service without prior notice and for any reason, including, but not limited to:
8.0.1. concurrent access of the Service with identical user identification numbers,
8.0.2. permitting another person or entity to use your user identification number to access the Service,
8.0.3. any other access or use of the Service except as expressly provided in this Agreement,
8.0.4. any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, or
8.0.5. failure to use the Service or portion thereof on a regular basis.
8.1. You may terminate your membership hereunder upon thirty (30) days written notice by you to Clothes for Cuties of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Clothes for Cuties may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Clothes for Cuties and its licensors.

9. Trademarks & Copyright - Clothes for Cuties.co.uk and the Clothes for Cuties logo and other trademarks are the property of Clothes for Cuties.co.uk

9.1   and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the written permission of Clothes for Cuties or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.

Any communication sent from Clothes for Cuties as a result of using the service is protected by copyright to Clothes for Cuties unless specifically otherwise stated. It is solely and exclusively for the addressee of that communication and may not be disseminated to third parties in any form without prior written consent.

9.2 were this site is providing branded/named goods, the trademarks and copyright  of the specified brand of goods resides with the manufacturer, and all restrictions remain as detailed in 9.1 above and also with each manufacturers specific Trademark & Copyright policy.

10. Minors - If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for:
10.1. the online conduct of such Minor;
10.2. monitoring such Minor's access to and use of the Service; and
10.3. the consequences of any use of the Service by such Minor.

11. Modification - Clothes for Cuties reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you solely by posting on the Service. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

12. Privacy Policy Summry - For our detailed privacy policy please refer to our policy details on our Privacy Policy pages.  For each visitor to our Web site, our Web server may automatically recognises information regarding the domain and or e-mail address. We may collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages are accessed or visited, user-specific information on what pages are accessed or visited, information volunteered by you, such as survey information and/or site registrations, name and address, telephone number, fax number. The information we collect is used for internal review and is then discarded, and may be used to improve the content of our Web page and with respect to cookies: We may use cookies to store visitors preferences, record user-specific information on what pages users access or visit. If you supply us with your postal address on-line you will only receive the information for which you provided us your address. If you supply us with your telephone numbers on-line will only receive telephone contact from us with information regarding the reason you provided your number. We do not share or provide information to other organisations. With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. You may access this information by e-mailing us at the above address. You can have this information corrected by sending us e-mail at the above address. With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

Legal requirements excepted, Clothes for Cuties will not pass your details to any third party unless expressly indicated, further it will only use any information gathered for the purpose shown on the relevant page.

13. Payments - For certain of our services credit card payments are accepted. On the payment pages, all sensitive data collected is used only for the purpose of completing the transaction. Transaction information is transmitted to our payment partner using 128 bit SSL encryption. Clothes for Cuties does not record, retain or have access to credit card details unless provided by you on a separate paper application form. Payments are accepted on the basis that you have completed and returned the relevant paper application forms, therefore refunds will not be available. Email or phone queries will be responded to within two working days. Your card will be debited upon acceptance by our service provider.

Subsidiary companies do not receive payments from any source other than Clothes for Cuties. Therefore, without regard to how any service is provided, Clothes for Cuties (a sole trader in the UK) is the sole beneficiary of any payment made to the Clothes for Cuties, no matter how processed.

14. Miscellaneous - This Agreement will be exclusively governed by and construed in accordance with the laws of the place of registration of the site owner, or any jurisdiction as chosen from time to time by the site owner, without regard to choice of law provisions that would cause the application of the law of another jurisdiction. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are materials terms of this Agreement and that they have been taken into account in the decision by Clothes for Cuties to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Clothes for Cuties. Any assignment of the foregoing other than as provided for in this section shall be null and void. If any provision of this Agreement shall be for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire Agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications; and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

15.  Terms and Conditions of Sale - The terms and conditions of sale are enforced when you agree to their conditions during the payment confirmation process.  Please follow this link for full details of the Terms and Conditions of Sale

16.  Purchase of Branded or Named Goods - During the purchase of such good which have brand names or manufacturer names still included on said items, your agree includes that were you will not attempt to return or exchange branded or named goods, purchased through Clothes for Cuties.co.uk, with high street shops or online services provided by those brands or named companies.  All returns and exchanges will be in accordance with the Clothes for Cuties.co.uk returns policy detailed in the  Terms and Conditions of Sale.  Should you attempt to exchange or return items with said brands / manufacturers you accept all liability with any actions said companies take with yourselves.