Terms of Use

 

Terms of Use

This website, located at Scrapbookclothing.com or any of our affiliated sites (collectively, the "Site"), is provided by Lola Devine Apparel Inc. (“Lola Devine Apparel,” "we," "our," or "us") to the person accessing this Site ("you," "your").

 

1.  You Agree to These Terms by Using this Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use and other incorporated agreements, policies or guidelines found on the Site from time to time.  Please review our other policies, such as our Privacy Policy posted on this site prior to using or ordering from the Site. Lola Devine Apparel may, at any time and without notice, modify these Terms of Use or other incorporated agreements, policies or guidelines found on the Site by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page and other pages on the Site to review the current Terms of Use and other incorporated agreements, policies or guidelines found on the Site. You may not modify these Terms of Use or other incorporated agreements, policies or guidelines found on the Site unless Lola Devine Apparel expressly agrees to the modification in writing.  If you do not agree and accept, without limitation or qualification, these Terms of Use and other incorporated agreements, policies or guidelines found on the Site you must exit the site immediately.

 

2.  Membership Account

In the event that the Site permits you to create a password protected member account storing personal information to facilitate your access to the site, you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account and password.

 

3.  License and Site Access

Lola Devine Apparel grants you a limited license to access and make personal use of this site for the purpose of learning about and/or purchasing Scrapbook Clothing’s services and products and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Lola Devine Apparel.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Lola Devine Apparel.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lola Devine Apparel and our associates without express written consent.  You may not use any meta tags or any other "hidden text" utilizing Scrapbook Clothing's name, the Site or trademarks of Scrapbook Clothing without the express written consent of Lola Devine Apparel. Any unauthorized use terminates the permission or license granted by Lola Devine Apparel. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the “home page” of the Site so long as the link does not portray the Site, Scrapbook Clothing, its associates and their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Scrapbook Clothing or other logo or other proprietary graphic or trademark found on the Site as part of the link without express written permission.  The Site is not directed at children and you may not use the Site if you are under the age of thirteen. If you are under the age of eighteen you may use the Site only with the involvement of a parent or guardian.

 

4.  Usage restrictions intellectual property

All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lola Devine Apparel, one of its affiliates or by third parties who have licensed their materials to Lola Devine Apparel. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content. The content of the Site is intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. Scrapbook Clothing reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.  Scrapbook®, Scrapbook Originals® and Scrapbook Clothing™ are trademarks exclusively licensed to Scrapbook Clothing. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Lola Devine Apparel.

 

5.  User comments, feedback, postcards and other submissions

The Site may, from time to time, offer interactive features that allow users to submit content to the Site.  Lola Devine Apparel does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Lola Devine Apparel is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein; (b) you hereby waive any moral rights you may have in such user generated content; and (c) all such content is true and accurate. In any event, Lola Devine Apparel reserves the right to block or remove communications or materials that it determines to be unacceptable to Lola Devine Apparel in its sole discretion. 

By submitting any user-generated content, you hereby grant Scrapbook Clothing a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. All content that you submit may be used at Scrapbook Clothing's sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including a Lola Devine Apparel employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

You alone are responsible for your involvement with other users of the Site. If you have a dispute with one or more users, you irrevocably and forever release Lola Devine Apparel (and Lola Devine Apparel's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

6.  Pricing policy

At Lola Devine Apparel, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices.  While merchandise offered on the Site will usually be priced the same as merchandise offered at retail stores and boutiques to which Lola Devine Apparel also sells its products for resale to consumers, in some cases, those retail stores and boutiques may have different prices or promotional events at different times.

 

7.  Colors

We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on the settings of your computer or your monitor we cannot guarantee that your monitor's display of any color will be accurate and truly reflective of the actual product.

 

8.   Correction of errors and inaccuracies

The information found on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order).  Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase through the Site please see our Returns and Exchange Policy  for further information.

 

9.  Typographical errors

In the event a product found on the Site or in any of Lola Devine Apparel’s catalogs is listed at an incorrect price due to typographical error or systems error, Lola Devine Apparel shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. Lola Devine Apparel shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment received.  If payment has already been received for the purchase and your order is cancelled, your refund will be credited back to the original method of payment used to make the purchase in the amount of the incorrect price.

 

10.  Risk of Loss

All items purchased from the Site are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon Lola Devine Apparel’s delivery to the carrier of the items purchased through the Site. It is therefore essential that you ensure that the shipping address you provide is accurate.

 

11.  Term; Termination

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or product ordering process.  

You agree that Lola Devine Apparel may, without cause or prior notice, and without liability to you or any third party, immediately terminate: your Site account, any associated email address, any accumulated rewards or virtual currency, and access to your account. In these circumstances, Lola Devine Apparel also reserves the right to refuse any future orders to you.  Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your account may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Lola Devine Apparel may have at law or in equity.

Cause for such termination shall include, but not be limited to; (a) breaches or violations of the Terms of Use or other incorporated agreements, policies or guidelines found on the Site from time to time; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Site (or any part thereof); (e) technical or security issues or problems; (f) inactivity; (g) engagement by you in fraudulent or illegal activities; (h) nonpayment of any fees owed by you in connection with the Site; and/or (i) no cause at all.

Termination of your Scrapbook Clothing account includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of your account. Further, you agree that all terminations for cause shall be made in Lola Devine Apparel's sole discretion and that Lola Devine Apparel shall not be liable to you or any third party for any termination of your account, any associated email address, or access to your account.

You may terminate your account, this Agreement, and your right to use your account at any time and for any reason or no reason, by contacting us at: contact@scrapbookclothing.com

The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Assignment and Severability found in the Terms of Use or other incorporated agreements, policies or guidelines found on the Site from time to time shall survive any termination.

 

12.  Notice

Lola Devine Apparel may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your account information.  You agree that all agreements, notices, disclosures and other communications that Lola Devine Apparel provides to you electronically satisfies any legal requirement that such communications be in writing.

 

13.  Enforcement of Terms of Use and Disputes

By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms of Use, other incorporated agreements, policies or guidelines found on the Site as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California, United States of America. 

Any dispute relating in any way to your visit to the Site or to products you purchase through the Site or with Lola Devine Apparel shall be submitted to confidential arbitration in Los Angeles, California, U.S.A, except that, to the extent you have in any manner violated or threatened to violate Scrapbook Clothing's intellectual property rights, Lola Devine Apparel may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

14.  Indemnification

You agree to indemnify, defend, and hold harmless Lola Devine Apparel, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

 

15.  Third party links

In an attempt to provide increased value to visitors to the Site, links to sites operated by third parties may be provided on the Site. However, even if the third party is affiliated with Lola Devine Apparel, Lola Devine Apparel has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lola Devine Apparel.  Lola Devine Apparel has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Lola Devine Apparel specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Nonetheless, Lola Devine Apparel seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on the Site and for sites that are linked to as well (including if a specific link does not work).

 

16.  Disclaimer

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOLA DEVINE APPAREL DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. LOLA DEVINE APPAREL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOLA DEVINE APPAREL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

17.  LIMITATION OF LIABILITY

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  NEITHER LOLA DEVINE APPAREL NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Applicable law in some states does not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

18.  Privacy

Lola Devine Apparel's Privacy Policy is incorporated and made part of these Terms of Use. The Privacy Policy can be accessed here .  You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Scrapbook Clothing in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

 

19.  Copyright Complaints

Lola Devine Apparel respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement please refer to our Copyright Policy.

 

20.  Assignment

Lola Devine Apparel may assign its right and duties under these Terms of Use or other incorporated agreements, policies or guidelines found on the Site from time to time to any party at any time without notice to you.

 

21.  Severability

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

22.  Questions and Feedback

We welcome your questions, comments, and concerns about this Site.  Please send us any and all feedback pertaining to this Site to contact@scrapbookclothing.com.