Terms of Service
MY BLACK PAIR, INC.
Effective Date: January 10, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE..
BEFORE YOU CLICK ON THE “I AGREE” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I AGREE” BUTTON OR OTHERWISE ACCESSING THIS WEBSITE OR USING ANY PART OF SERVICES INCLUDING ORDERING THE PRODUCTS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE WITHOUT ANY NOTICE AND ANY CHANGES WILL APPLY TO THE RENTAL/PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
It is clarified that you shall be responsible for reviewing the Terms and Conditions and Policies on the Site periodically and keep yourself updated.
Notice of Agreement to Arbitrate and Class Action Waiver
My Black Pair Inc. “Queenly” (“Queenly”) maintains this web site as a service to its customers, potential customers, and other interested parties. Your use of this web site is subject in all respects to these terms and conditions. By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 7 of these Terms below.
- About the Services
- Rental, Sale and Custom Order of Products
- Use of the Services
- Intellectual Property
- Disclaimer of Warranties; Limitation of Liability
- Dispute Resolution, Arbitration and Class Action Waiver
1. ABOUT THE SERVICES
Through the Services, we aim to give you access to beautiful designer clothing and accessories, stylist advice and other content to help you decide which items are perfect for you.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 16 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 16 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent, purchase or custom order any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 16 and 18, you are fully responsible for his or her use of the Services and the rental, purchase or custom order of any Products, including all legal liability he or she may incur.
D. Modification of the Services or the Terms
MY BLACK PAIR may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason.
2. RENTAL, SALE AND CUSTOM ORDER OF PRODUCTS
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 Years or Older; ADULT AGREEMENT REQUIRED. Products may be rented, purchased, or custom ordered for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent, purchase or custom order the Products with a payment card or other approved payment method. By agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting, purchasing, or custom ordering the Products as described in these Terms.
Limits. You acknowledge and agree that we may place limits on the rental, purchase, or custom order of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals, sales or custom order of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
Delivery. Your Products may be ordered and couriered to you on the same or next day for certain orders (subject to availability) placed by 2 p.m. for delivery in the California Bay Area, subject to the additional delivery charge specified on the Site. Otherwise, all deliveries outside of the California Bay Area will be through MY BLACK PAIR’s shipping partners, which may change from time to time at MY BLACK PAIR’s discretion. The shipping method used will be at the discretion of MY BLACK PAIR. For rental orders, the Products can be delivered to you until 8:00 pm on your rental start date.
Collections. If you do not pay the amounts you owe to MY BLACK PAIR when due, then MY BLACK PAIR will need to institute collection procedures. You agree to pay MY BLACK PAIR’s costs of collection, including without limitation reasonable attorneys’ fees.
Communications. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. You may also opt out from us by emailing email@example.com. You acknowledge that opting out of receiving communications may impact your use of the Services.
You agree and acknowledge that You are renting the Products and that ownership of the Products remains with the My Black Pair at all times. The following additional conditions apply to the rental of any Product:
Rental Fee and credit card authorizations: The rental fee (“Rental Fee”) for the Products will be the rental fee, insurance charges and delivery charges listed on the Website relating to Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize MY BLACK PAIR to charge your payment card for an amount equal to 200% of the original retail value of the Product (when new) set forth on the Site (“Retail Value”) plus applicable sales taxes; provided that MY BLACK PAIR will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by MY BLACK PAIR, shall be paid by you to MY BLACK PAIR in connection with your rental order.
Cancellation Policy and Changes to Orders: All orders are final and cannot be cancelled once placed however certain changes (such as change in color, style, rental dates, delivery address) can be made within 24 hours of placing your order. To make changes, please contact us immediately after placing your order. Please note that the changes you request can only be made for equal or higher priced items per the order that you placed. If you select higher priced items, you will be charged for the additional price difference.
Return Packaging: With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to My Black Pair (“Return Packaging”). For some heavy products, we will provide you with a pre-paid return label as well as instructions for your use in returning these products to My Black Pair by using the same shipment box that your shipment arrived in.
Receipt of the Products: Upon delivery, you bear responsibility for the Product(s). However, if you opt to have the Products delivered in the California Bay Area by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address means a location where an individual can physically receive Product(s). If an un-secure shipping address is provided, MY BLACK PAIR does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which MY BLACK PAIR will not be liable but you will be held liable.
Use of the Products: You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains, tearing, alterations, rubbing-off or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
Return of the Products; Extensions: You agree to return the Products to My Black pair in the Return Packaging on or before the date set forth (return date) on the online invoice relating to Your order. You may extend your order for a Product by contacting us; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the time of the extension. Return of the Product will be accomplished by you delivering the Product in the Return Packaging to a UPS store located in the United States by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to us in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at firstname.lastname@example.org. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
Damage and Handling Fee (mandatory and non-refundable insurance fee): $10.00 for garments and $5 for accessories non-refundable and mandatory Damage and Handling Fee is automatically added to your rental. The fee covers the cost of minor repairs to the rental, and the costs associated with the inspection, quality control, and processing of the rental.
Late Fees. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to MY BLACK PAIR for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within ten (10) days after the return date for the Product, your late return will be considered a non-return and MY BLACK PAIR will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.
Payment of 200% Rental Value: We will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay us an amount equal to 200% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
Lost Return Packaging: If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing My Black Pair with a tracking number.
Limited Warranties: The following are the limited warranties we provide relating to Product rentals. MY BLACK PAIR’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. See Section 6(A and B) below.
- Correct Products: Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such events, we will use reasonable efforts to notify you that the Product is unavailable. If we can reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than the photos displayed on our Website. The size and measurements may vary depending on the product.
- Clean and Ready to Wear:The Products will be professionally cleaned, delivered, and ready to wear. We dry-clean and inspect each Product with the utmost care, but use of the Product is at your own risk and MY BLACK PAIR shall not be held liable for any health-related complaints associated with any Product.
- Sizing Returns & Policies: We have a strict policy of no refunds or exchanges if the product(s) you ordered do not fit you. We custom fit every garment according to the exact body measurements you submit, therefore, we highly recommend you provide precise measurements while placing your order and try on the rental garment as soon as it arrives. However, if the garment doesn’t fit you, we allow you to make one alteration with the tailor of your choice (where you bear the alteration charges) to get your exact fit. It is your responsibility to schedule an appointment with our stylists to notify us of the sizing problems and take instructions before making any alteration on your own. While making your alterations, if you damage the product and you return a product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. IT IS YOUR RESPONSIBILTY TO PROVIDE US YOUR ACCURATE BODY MEASUREMENTS WHILE PLACING THE ORDER. IN FAILING TO DO SO, MY BLACK PAIR WILL NOT BE HELD LIABLE FOR ANY LOSS INCURRED. NO EXCHANGES, REFUNDS, OR RETURNS ARE ALLOWED.
C. Sales and Custom Orders
The following additional conditions apply to the sale or custom order of any Product.
Products are Used; All Sales and Custom Orders are Final and “As Is.”: You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW UNLESS STATED OTHERWISE. We will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales and custom orders are final and cannot be cancelled or exchanged. Each sales and custom orders received (whether for previously rented or brand new garments), We custom fit every garment according to the exact body measurements you submit, therefore, we highly recommend you provide precise measurements while placing your order. IT IS YOUR RESPONSIBILTY TO PROVIDE US YOUR ACCURATE BODY MEASUREMENTS WHILE PLACING THE ORDER. IN FAILING TO DO SO, MY BLACK PAIR WILL NOT BE HELD LIABLE FOR ANY LOSS INCURRED. NO EXCHANGES, REFUNDS, OR RETURNS ARE ALLOWED.
Purchase Price: The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site relating to your purchase of the Products. Purchase Price is as listed on the QUEENLY.CO website at the time of purchase, and is subject to change. My Black Pair reserves the right to alter Purchase Price, discount, or availability of any item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize MY BLACK PAIR to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by My Black Pair, shall be paid by you to My Black Pair relating to your purchase order. Purchase orders and custom orders are final and cannot be cancelled or exchanged.
We’re confident that you will be thrilled with your QUEENLY garments. That’s because we go out of our way to ensure that they’re designed and built just for YOU (the client). We understand, however, that sometimes a product may not be what you expected it to be. In that unlikely event, we invite you to review the following terms related to refunds, returns, remakes, and alterations of custom orders.
Because each one of our garments is custom-made specifically for you, all custom orders are FINAL and we do not offer any refunds, exchanges or returns for any custom-made garments. Refunds and cancelations are not permitted for any order after placing an order and/or providing payment details to QUEENLY, however certain changes can be made within 24 hours of placing your order by contacting us. The reason for this policy is that once an order is placed, work on the order commences shortly thereafter and expenses are incurred by our business as part of the production process.
We are 100% committed to working with you to achieve a solution. To that pursuit, we may offer complimentary alterations to some orders that vary case by case as deemed by us.
We try our best to create the garments as close as possible to the images provided by the customer or us, but we do not guarantee that the custom outfits created would resemble exactly to the provided images. Custom garments may look different based on selected colors (by our team or the client), or selected fabrics (by our team or the client), fabric availability, photography effects, embroidery type, embroidery material, and the client’s budget.
Although customer satisfaction is a top priority for us, we recognize that it is impossible to measure a client’s satisfaction relative to his/her expectations and those of our expert clothiers. For this reason, we cannot guarantee your complete satisfaction with our products and/or service. Also, for that reason, we do not offer refunds, exchanges or returns.
Our expected timeline for completing an order from start to finish is 6 to 10 weeks. However, this time frame is subject to change based on a range of factors that are sometimes outside of our control. Even if there is a material delay in the time frame with respect to a client order, including but not limited to, a production delay or an out-of-stock fabric, refunds and/or cancelations are not permitted under any circumstance. QUEENLY (at its sole discretion) will make best faith efforts to remedy any unfavorable situations and make things right.
3. USE OF QUEENLY WEB SITE, SERVICES AND ITS CONTENT
All content and information contained in this website, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“MY BLACK PAIR Content”) is available to you on an “as is” basis and is for general guidance on topics selected by My Black Pair. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that My Black Pair and various authors and publishers providing such information do not constitute the rendering of professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors. As used in these Terms, the Services include the MY BLACK PAIR Content.
My Black Pair Inc. may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Indemnification for Breach: By using this web site and services, you agree to indemnify, hold harmless and defend the site owners and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.
Acceptable Use Policy: No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that the site owner authorizes you to view, copy, download, and print My Black Pair documents (such as press releases and FAQs) that are available on this web site, subject to the following conditions:
- The documents may be used solely for noncommercial, informational purposes.
- The documents may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of My Black Pair or such third party that may own the copyright of material displayed on this web site.
A. ACCURACY OF CONTENT AND FUTURE MODIFICATIONS TO WEB SITE
The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. In addition, the information provided by this web site was current as of the date on which the information was first posted or otherwise made available. The information in any press releases provided by this web site was current as of the date of the particular press release. We update the information provided by this website as we deem appropriate.
If you have any questions about the existence of more current information, please contact us. We take your questions and requests for information seriously, and we will do our best to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
The site owner reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.
B. STANDARS OF USER CONDUCT
IF WE PROVIDE VISITORS WITH AN OPPORTUNITY TO POST INFORMATION, COMMENTS, OR ANY MESSAGES ON THE WEB SITE, YOU MAY NOT USE THIS WEB SITE AND ITS RELATED SERVICES (THE “SITE”) TO:
- Transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is, or which the site owner considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
- Sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
- Sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
- Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
- Display material that exploits children under 18 years of age;
- Post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- Promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes;
- Harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
- Impersonate any other person, official, expert or bulletin board leader, guide or host;
- Post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 16 years of age);
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or relating to your use of the Site, in any manner; or
- Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity. These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.
- You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
C. LINKS TO THIRD-PARTY WEB SITES
This web site may contain links or references to third party websites, products, services or other materials or content (THIRD PARTY CONTENT). These links are provided to you as a convenience, and the site owner is not responsible for the content of any linked web site or the actions of those that provide or use such linked web site. Any third party web site accessed from QUEENLY web site is independent from My Black Pair, and My Black Pair has no control over the content of that web site. In addition, a link to any third party web site does not imply that the site owner endorses or accepts any responsibility for the content or use of such a web site.
D. YOUR CONTENT INCLUDING USER COMMENTS, FEEDBACKS AND OTHER SUBMISSIONS
You may not use a false email address, impersonate any person or entity, or otherwise mislead My Black Pair or third parties as to the origin of the User Submissions. My Black Pair reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
Please note that we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any User Submissions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.
If you post, upload or make available to MY BLACK PAIR or the Services, or otherwise submit to or through MY BLACK PAIR as part of your use of the Services, including the Site, any information, data, questions, emails, comments, suggestions text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to MY BLACK PAIR a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. Your content will be treated as, non-confidential, nonproprietary information and exclusive property of My Black Pair. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including sections: indemnification for breach, acceptable use policy and standards of user conduct and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize MY BLACK PAIR to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. YOUR ACCOUNT
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify MY BLACK PAIR promptly of any unauthorized use of your account or password.
4. INTELLECTUAL PROPERTY
A. Ownership of the Services
This website and the information it contains (Website Content), including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of MY BLACK PAIR and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other MY BLACK PAIR product or service names or logos appearing on or through the Services are trademarks of MY BLACK PAIR and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. MY BLACK PAIR and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms. The absence of a product or service name or logo from this list does not constitute a waiver of My Black pair’s trademark or other intellectual property rights concerning that name or logo.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any MY BLACK PAIR Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of MY BLACK PAIR or such third party that may own such MY BLACK PAIR Content.
B. Services License
Subject to your compliance with these Terms, MY BLACK PAIR grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that MY BLACK PAIR may use your Feedback without restriction or obligation to you or any third party.
D. Notice and Take Down Procedures; Copyright Agent
If you believe any My Black Pair content infringes your copyright, you may request removal of those materials (or access thereto) by contacting us at email@example.com and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
To protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
A. Termination by You
You may deactivate your account and discontinue your use of the Services at any time. To deactivate your account, please contact us at firstname.lastname@example.org. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination by Us
We reserve the right to terminate your right to rent or purchase Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion
Any violation of these Terms, including any of the prohibitions in Section 4 (Acceptable use policy and standards of user conduct), may result in suspension or termination of your access to the Services and/or removal of Your Content. MY BLACK PAIR may also terminate your account if MY BLACK PAIR determines that your conduct poses a risk or liability to MY BLACK PAIR, or for any other reason as determined by MY BLACK PAIR in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B), 2(C), 3, 4(A), 4(C), 5(C), and 6-8, including the mandatory arbitration and class-action waiver provisions.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Limited Warranties
The limited warranties set forth in Section 2(B) for rentals apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No other warranties are granted by MY BLACK PAIR relating to the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and MY BLACK PAIR’s sole and exclusive liability for a breach by MY BLACK PAIR of the limited warranties set out in Section 2(B) shall be, at MY BLACK PAIR’s option, MY BLACK PAIR’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
D. NO WARRANTIES
INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, MY BLACK PAIR DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
Product descriptions and specifications are subject to change. My Black Pair periodically changes or updates the information and documents on this web site without notice.
It is the user’s responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.
E. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MY BLACK PAIR BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF MY BLACK PAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 6(B) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
IN NO EVENT SHALL MY BLACK PAIR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100 US.
F. Use of Results at Your Risk
YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without guarantee as to results.
7. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 7 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and MY BLACK PAIR agree that in the event of any dispute between us, you and MY BLACK PAIR will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All disputes between you and MY BLACK PAIR will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of MY BLACK PAIR or you, shall be finally resolved by mandatory and binding arbitration before a single arbitrator conducted in the English language in California Bay Area, U.S.A under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred relating to the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
My Black Pair may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and MY BLACK PAIR shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
A. Jurisdictional Issues
MY BLACK PAIR makes no representation that the Services on this website are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws, if and to the extent local laws are applicable.
B. Availability of Products and Services Mentioned
Information that My Black Pair publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that the site owner intends to announce or make available such products or services to the general public, or in your country.
C. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by My Black Pair Inc. of that third party or of any product or service provided by a third party.
D. No Export of Information
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this web site may be exported, in any way, in violation of United States law.
E. International Orders
All international orders, retail and custom, are final and cannot be cancelled or exchanged. International shipping rates and time to deliver the products varies based on your geographical location. Our team will provide you an estimated shipping rate and delivery time frame upon placing the order. The customer is responsible to pay the customs and duty as mandated by the respective country of shipment. If the customer refuses to pay the customs and duty charges or doesn’t collect the order from our shipping agency, My Black Pair will not be liable for a refund. IT IS YOUR RESPONSIBILTY TO PROVIDE US YOUR ACCURATE BODY MEASUREMENTS WHILE PLACING THE ORDER. IN FAILING TO DO SO, MY BLACK PAIR WILL NOT BE HELD LIABLE FOR ANY LOSS INCURRED. NO EXCHANGES, REFUNDS, OR RETURNS ARE ALLOWED.
F. User Transactions
If you wish to purchase any product or service made available through the Site (each such purchase a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED RELATING TO ANY TRANSACTION. By submitting such information, you grant to My Black Pair the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
We reserve the right, with or without prior notice, to do any of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user for making or completing any or all Transactions; and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
G. Governing Law and Venue
These Terms and conditions are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes relating to these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Northern California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
H. Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
I. Force Majeure
MY BLACK PAIR will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond MY BLACK PAIR’s reasonable control including, without limitation, fires, earthquakes, interruptions in supply, other natural disasters, war embargos, and/or riots or acts of terrorism.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. MY BLACK PAIR may assign these Terms at any time without notice to you.
K. Entire Agreement
These Terms are the entire agreement between you and My Black Pair relating to the subject matter herein and shall not be modified except by My Black Pair in accordance with these Terms. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective without notice to you of such termination or amendment. Termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement according to their terms. No employee, agent or other representative of MY BLACK PAIR has any authority to bind MY BLACK PAIR with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
If you have any questions regarding our terms & conditions, please feel free to contact us at email@example.com
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