THIS DOCUMENT SHOULD BE READ BEFORE USING OR ACCESSING THE FAERIESCLOSET.COM WEBSITE OR RELATED SERVICES.
The Faeriescloset.com Site and Services is operated by DigitalOcean. (“Faeriescloset.com”, “we” or “us”).
- Faeriescloset.com Service Description
Faeriescloset.com, operated by DegitalOcean, is an online resource for purchasing overstock, open box, and refurbished inventory at a discount. This agreement defines the standards of use for services, and is legally binding. Please read all the Terms of Service before accessing this website. Using the website, or its services, constitutes agreement of these conditions. If you do not understand or agree to these terms you must not use the website or it services nor register an account.
When using Faeriescloset.com, you must abide by all terms/conditions of the service, and in relation to services provided by or related to any content on Faeriescloset.com and its service partners. Any questions regarding this policy, or terms herein, should be referred to staff at [email protected]
You are not to use Faeriescloset.com services without a complete understanding of, and agreement with, these policies. By visiting Faeriescloset.com and/or creating an account, you herby acknowledge, you have read, understood, consent, and are legally bound by all terms and conditions outlined.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE FAERIESCLOSET.COM.
- Revisions to Terms of Service
Faeriescloset.com retains the right to alter, modify, and or update the Terms of Service at any time and without prior notice. Updated Terms of Service become effective immediately. If, you no longer agree to the updated Terms of Service, you must cease all usage of Faeriescloset.com and its related services. Continued use constitutes agreement with update Terms of Service. Questions regarding the use of these services should be referred to [email protected]
- Use of Faeriescloset.com Services
Use Faeriescloset.com is void where prohibited by law. Accessing Faeriescloset.com constitutes an acknowledgment and agreement to: (i) you understand and accept the conditions set forth in these Terms of Service and, by continuing the use thereof, acceptance these terms as legally binding; (ii) you have the ability and the authority to enter into an agreement and to abide by all the terms and conditions outlined in the Terms of Service; and (iii) if acting on behalf of a third party you have been authorization to do so.
All content viewed by users of Faeriescloset.com is monitored, and is the responsibility of Faeriescloset.com.
Faeriescloset.com reserves the rights, at any time, to: (i) modify or discontinue some or all of Faeriescloset.com, including, but not limited to restricting its availability in terms of time, amount of use, as well as limiting or cancelling user accounts, regardless of the presence or absence of prior notice; (ii) charge fees for the use of all or part of the website, as well as modify and/or waive those same fees; (iii) give opportunities to users of Faeriescloset.com.
Users, acting alone or for and behalf of any third party, agree Faeriescloset.com, nor any affiliates, shall be held liable for any changes or discontinuance of Faeriescloset.com, its related services or content, in whole or in part. Continued use of Faeriescloset.com following the posting of changes to these Terms of Service constitutes acceptance of such changes.
Subject to the terms and conditions established in this document, as well as any third party restrictions that might apply, you are granted by Faeriescloset a revocable, non-transferable, non-exclusive, non-sub-licensable limited right and license to view, use, and access Faeriescloset.com to: (i) download/print any and all available content only for your information and immediate/private use; (ii) acquire goods and services through hyperlinks made available on or found through Faeriescloset.com.
Copyright or proprietary notices for materials hosted at Faeriescloset.com are to be retained and adhered to at all times. Ownership rights to these materials, unless expressly stated, remain the sole property of Faeriescloset.com.
Faeriescloset.com uses a system of accounts and profiles to provide services. You agree Faeriescloset.com can refuse, change, remove, or replace usernames for reasons including, but not restricted to: usernames used to impersonate, are deemed offensive, or violate third party intellectual property.
By registering and/or participating in any promotions, you consent to: (i) provide accurate, current, and complete information when completing the Faeriescloset.com account registration form and; (ii) keep current registration data accurate as the information changes. If deemed a user has provided false or incomplete information, Faeriescloset.com retains the right to: (i) suspend or terminate your account (including any payments made or orders pending) and; (ii) refuse you access any services offered by Faeriescloset.com now and in the future.
In addition to entering user information when registering, you will be asked to select a password. It is your sole responsibility to ensure the confidentiality of this password and are forbidden to allow third parties to access your account. You are accountable for all activity associated with your username and must notify Faeriescloset.com immediately of any unauthorized use of your account. It is your responsibility to “log off”/exit your account at the end of each session (if applicable). Faeriescloset.com will not be held accountable for any loss or damage due to your failure to comply with these terms.
Faeriescloset.com retains the right to suspend, terminate, access, and investigate immediately any user account if subpoenaed, requested by law enforcement request to do so, if the user is believed to be sending, or is connected to the distribution of, unsolicited bulk emails (SPAM messages), or is involved with any fraudulent, misleading, illegal or other questionable activities.
Users agree Faeriescloset.com may terminate your password, account, or access for reasons outlined in the Terms of Service or, the assumption users have violated or inconsistently acted within these Terms and Conditions. Faeriescloset.com retains the right to discontinue Faeriescloset.com, or any service it provides, without prior notice, and are not liable to you, or any third parties, due to termination of your Faeriescloset.com access and/or account.
- User Conduct and Acceptable Use Policy
Unauthorized use of Faeriescloset.com is forbidden and may not be used in violation of state, federal, and international laws, or for any illegal purpose.
Faeriescloset.com retains the right to terminate your access and account if your behaviour fails to meet any of these guidelines for User conduct. To avoid termination, users are to be:
- Must be truthful and genuine with the representation of your identity.
- Forbidden to attempt access to any accounts, computers or networks connected to Faeriescloset.com without prior permission.
- Forbidden to attempt access to any information from Faeriescloset.com unless it is provided or made clearly available.
- Users are not allowed to charge others to use this service, directly or indirectly.
- com may not be used to gather information about other users.
- No copying, disassembling or changing in any way, software used by, provided by, or in connection with Faeriescloset.com.
- Use of Faeriescloset.com in a way which uses excessive bandwidth, as determined by our representative, is prohibited.
Any decisions regarding these guidelines are Faeriescloset.com’s sole discretion.
Faeriescloset.com will determine if, when, and what action is taken with regard to violation of these guidelines. Faeriescloset.com’s response to each issue shall have no bearing on any future issues.
- Limitations of Liability
The FAERIESCLOSET site, services and content are provided “as is”. Any express or implied warranty including: warranties of merchantability, satisfactory quality, or fitness for a particular purpose, are excluded by Faeriescloset to the fullest extent allowed by law. Faeriescloset does not guarantee the functions and materials of this website will be uninterrupted and without error. All costs incurred with any necessary servicing, repair, or correction associated with your use of this website is your responsibility as a user, not Faeriescloset’s.
Faeriescloset, its directors, employees, content providers, affiliates, or other representatives are not liable for any damages (including lost profits, consequential or punitive) resulting from your use, failure to use, or the performance of Faeriescloset.com, unless specifically stated in this Policy, elsewhere on Faeriescloset.com, or as required by law.
- Modifications and Interruption to Service
Along with Faeriescloset.com service providers, considerable effort is made to maintain Faeriescloset.com, but neither can be held accountable for any defects or failures with service, including the email service, or any financial losses that may result from these. Faeriescloset.com retains the right to amend or terminate our services without prior notice and is not liable to you, or to any third parties, if any complete or part of service of Faeriescloset.com is amended or terminated. You accept that Faeriescloset.com does not guarantee access to the site will be continuous, uninterrupted, or secure. You also accept that the operation of Faeriescloset.com may be interfered with or negatively impacted by factors out of our control.
- Third-Party Sites
Advertisements or links to other websites or resources may be found on Faeriescloset.com. There may be features and functionalities on Faeriescloset.com that links you, provides functionality or access to third party content, including: databases, services and applications. Some content may be provided to you as part of Faeriescloset.com. It is encouraged that you consult the privacy policies for these third parties. Faeriescloset.com shall not be held accountable for any problems resulting from your use of third party services, unless the problem was directly caused by our breaches.
- These Terms of Service will be governed by the law of the State of Alabama, without giving effect to any choice of law rules. We do not state that the use of Faeriescloset.com is available, appropriate or legal in other areas. Therefore, all disputes will submit to the jurisdiction of the State of Alabama. To the fullest extent allowed by law, both you and us, waive all rights to trial by jury relating to these Terms of Service. If you stop using Faeriescloset.com, the provisions of this paragraph still apply.
- You are responsible for knowing and complying with any applicable laws. You are forbidden to break any applicable state, federal, or international laws, regulations or other requirements using Faeriescloset.com.
- Intellectual Property Rights and Notices
You have no right, title or interest in or to Faeriescloset.com, except for the licenses granted in. You agree that all proprietary rights, titles and interests, including copyright and all intellectual property rights relating to Faeriescloset.com are the property of Faeriescloset.com and its licensors. FAERIESCLOSET and the FAERIESCLOSET logo are trademarks, service marks, or registered trademarks of DegitalOcean They may not be copied, imitated, or used, in whole or in part, unless Faeriescloset.com, its suppliers, or licensors has granted prior written permission. Other product and company names may be trade or service marks of their respective owners.
Providing you with Faeriescloset.com does not give you any license to our intellectual property, including patents, patent applications, trademarks, copyrights, or other intellectual property rights that are part of our website. Faeriescloset.com reserves any rights not expressly granted in these terms and conditions.
- Other Terms
- Electronic Delivery/Notice Policy And Your Consent
You consent to receive all communication by using the Faeriescloset.com service. These include, but are not limited to: notices, agreements, legally required disclosures and are collectively known as ‘Contract Notices’. Contract notices may be posted on Faeriescloset.com. If you no longer wish to receive Contract Notes from Faeriescloset.com, you must cease using the service.
Delay or failure to exercise any rights as stated under the Terms of Service by Faeriescloset.com does not imply consent your failure to adhere to all Terms of Service. Any single or partial exercise will not prohibit any further action of the same, or other rights. If any of these Terms of Service are deemed to be unenforceable, the validity of this shall have no impact the enforceability or validity of all remaining Terms.
- Entire Agreement
- Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless Faeriescloset and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
- Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- Contact information
Questions about the Terms of Service should be sent to us at [email protected]