EFFECTIVE: November 11, 2018
UPDATED: December 26, 2018
2. Online Store Terms
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.1 If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
3.2 You represent and warrant that you are at least 13 years of age, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
3.3 We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
3.4 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally required one. If you are minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
5. Use of the Site
5.1 The Site contains materials, including but not limited to software, text, graphics and images (collectively referred to as the "Content"). We may own the Content, or portions of the Content may be made available to use through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of Content may result in violation of copyright, trademark, and other laws. You have no right in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you may of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivate version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
5.2 You agree not to: (a) take any action that imposes an unreasonable load on the Site's infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guideline and policies.
6. Third Party Sites
6.1 The Site may contain links to third party websites, services or other resources may contain links to the Site ("External Sites") These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledged and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
6.2 You may enable or login to the Site via various online third party services; such as social media and social networking services like Facebook, Twitter or Instagram ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Site, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Private Policy.
6.3 Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of our reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
7. User Content
7.1 The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #VOIDOFCOLOR, #VOCWOMEN, #TEAMVOC, or #ITSVOC (collectively, the "VOID OF COLOR Hashtags"), or tagging the @VOIDOFCOLOR account (collectively, "Photos"). You acknowledge and agree that the Photos may be used in VOID OF COLOR's emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purpose, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
7.2 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, "Submissions") that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgement or compensation to you.
7.3 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of VOID OF COLOR, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Payments; Ordering & Availability, Billing and Continuous Subscription Services.
8.1 You agree to provide accurate and up-to-date payment information at the time you order any Product. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
8.2 You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the "Order Confirmation"). We strive to provide accurate pricing information regarding the Products available on the Site. WE cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order.
8.3 Unless otherwise specified, prices quotes are exclusive of: (a) the cost of shipping to the agreed place of delivery; and (b) value added tax and any other tax which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping of the Products as such costs are specified by us when you submit your order.
8.4 All orders of Products must be for your personal use only. By purchasing Products, you hereby agree to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or nay other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
8.5 We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions. All other information with respect to the purchase of Products from the Site can be found on the Order Help page, including our polices on shipping, billing, order acceptance, gift cards, and returns are exchanges.
9.1 Your order will be fulfilled within one to two business days, and orders placed after 1pm Eastern Time are processed the next business day.
9.2 Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will notify you before we accept your order.
9.3 The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
9.4 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us ware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order number. Nothing in this section affects your legal rights.
10. Returns and Exchanges
10.1 We accept Products for returns and exchanges if requests are submitted within 14 days of processing the order (in its entirely). To return or exchange your Product(s), please complete the Return and/or Exchange Form included in the original package. Use provided return shipping label and black poly mailer to ship back Product(s) to us.
10.2 Upon receiving the returned Product(s) from you, we will process and refund due to you as soon as possible. You will be refunded in full to your original form of payment; however, we will not refund your cost of rush shipping method. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Please refer to our Return and Exchange pages for more information.
11. Limitation of Liability and Disclaimer of Warranties.
11.1 Except as otherwise provided by us in writing, VOID OF COLOR, our affiliates, and our respective officers, directors, employees, or suppliers (collectively, the "VOID OF COLOR Parties") make no warranties or representations about the content or the services, including but not limited to the Site's accuracy, reliability, completeness, timeliness or reliability. The VOID OF COLOR Parties shall not be subject to liability for the truth, accuracy or completeness of the content or the site or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Services and the content at your own risk.
11.2 VOID OF COLOR Parties do not warrant that the Site will operate error free or that the Site, its Services, or the content are free of computer viruses or similar contamination or destructive features. If your use of theSite or the content results in the need for servicing or replacing equipment or data, no VOID OF COLOR Party shall be responsible for those costs.
11.3 Except as otherwise provided by us in writing, the content and the Services are provided on an "as is" and "as available" basis without any warranties of nay kind. The VOID OF COLOR Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non infringement of third parties rights, and fitness for particular purpose.
11.4 In no event shall any VOID OF COLOR Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Services or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the VOID OF COLOR Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Feedback you provide, or your access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to the VOID OF COLOR at TEAMvoc@voidofcolor.com. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of this Agreement) without prior notice or liability, including that right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to charge, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
14. User Must Comply With Applicable Laws.
14.1 You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
14.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
15. Transfer and Processing Personal Data
In oder for us to provide the Services, you agree that we may process, transfer and store information about you in the United States, where you may not have the same rights and protections as you do under local law.
16.1 This Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral.
16.2 VOID OF COLOR, LLC. is a Florida Limited Liability Company with its headquarters at 63 Wall Street, #1909, New York, NY 10005. You may contact us at the following address: 63 Wall Street, #1909, New York, NY 10005, or at the following email address: TEAMvoc@voidofcolor.com.