Agreement between User and TheDivaBoutique.com
Welcome to TheDivaBoutique.com. The thedivaboutique.com website (the “Site”) is comprised of
various web pages operated by DivasBoutique. thedivaboutique.com is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of TheDivaBoutique.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
TheDivaBoutique.com is an E-Commerce Site.
Selling Handbags, wallets, belts, Tshirts, mugs, dresses, shoes
Visiting TheDivaBoutique.com or sending emails to DivasBoutique constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that DivasBoutique is not
responsible for third party access to your account that results from theft or misappropriation of
your account. DivasBoutique and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
DivasBoutique does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use TheDivaBoutique.com only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
TheDivaBoutique.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of DivasBoutique and DivasBoutique is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. DivasBoutique is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by DivasBoutique of the site or any
association with its operators.
Certain services made available via TheDivaBoutique.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
TheDivaBoutique.com domain, you hereby acknowledge and consent that DivasBoutique may share
such information and data with any third party with whom DivasBoutique has a contractual
relationship to provide the requested product, service or functionality on behalf of
TheDivaBoutique.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
the Site, you warrant to DivasBoutique that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of DivasBoutique or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
DivasBoutique content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of DivasBoutique and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of DivasBoutique or our licensors except as expressly authorized by
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
DivasBoutique has no obligation to monitor the Communication Services. However,
DivasBoutique reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. DivasBoutique reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
DivasBoutique reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in DivasBoutique’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. DivasBoutique does not control or endorse the content,
messages or information found in any Communication Service and, therefore, DivasBoutique
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized DivasBoutique spokespersons, and their views do not necessarily reflect those of
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to thedivaboutique.com or Posted on Any DivasBoutique Web Page
DivasBoutique does not claim ownership of the materials you provide to thedivaboutique.com
(including feedback and suggestions) or post, upload, input or submit to any DivasBoutique Site or
our associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting DivasBoutique, our affiliated companies
and necessary sublicensees permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
DivasBoutique is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in DivasBoutique’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The Service is controlled, operated and administered by DivasBoutique from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the DivasBoutique Content
accessed through thedivaboutique.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless DivasBoutique, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
DivasBoutique reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
DivasBoutique in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR