Links to third party sites/Third party services
CapoCouture.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Capo Couture 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. Capo Couture is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capo Couture of the site or any association with its operators.
Certain services made available via CapoCouture.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the CapoCouture.com domain, you hereby acknowledge and consent that Capo Couture may share such information and data with any third party with whom Capo Couture has a contractual relationship to provide the requested product, service or functionality on behalf of CapoCouture.com users and customers.
No unlawful or prohibited use/Intellectual Property
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. Capo Couture has no obligation to monitor the Communication Services. However, Capo Couture reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Capo Couture reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. Capo Couture 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 Capo Couture’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Capo Couture does not control or endorse the content, messages or information found in any Communication Service and, therefore, Capo Couture specifically disclaims any liability with regards to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Capo Couture spokespersons, and their views do not necessarily reflect those of Capo Couture. 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 CapoCouture.com or posted on any Capo Couture web page
Capo Couture does not claim ownership of the materials you provide to CapoCouture.com (including feedback and suggestions) or post, upload, input or submit to any Capo Couture Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Capo Couture, 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. Capo Couture is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Capo Couture’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 Capo Couture 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 Capo Couture Content accessed through CapoCouture.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Capo Couture, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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. Capo Couture 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 Capo Couture in asserting any available defenses.
Capo Couture reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Capo Couture as a result of this agreement or use of the Site. Capo Couture’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Capo Couture’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Capo Couture with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Capo Couture with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Capo Couture with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Capo Couture reserves the right, in its sole discretion, to change the Terms under which CapoCouture.com is offered. The most current version of the Terms will supersede all previous versions. Capo Couture encourages you to periodically review the Terms to stay informed of our updates.