Welcome
to the Sydney's Closet (sydneyscloset.com) Website
(the "Site"). Sydney's Closet is owned
and operated by Next Century Productions, Inc. (“Next
Century”). Next Century provides this Site
as a service to its customers.
Please review the following basic rules that govern
your use of our Site (the "Agreement")
before you use this site and before you purchase.
GENERAL
Please note that your use of the
“Site” constitutes your agreement to
follow and be bound by these terms. If you do not
agree to these terms, please do not use this Site.
Although you may "bookmark" a particular
portion of this Site and thereby bypass this Agreement,
your use of this Site still finds you to these terms.
Next Century reserves the right, in its sole discretion,
to change, modify, update or otherwise alter these
terms and conditions at any time. Such changes or
modifications shall become effective immediately
upon the posting thereof. Your use of our Site following
any such changes or modifications constitutes your
agreement to follow and be bound by the revised
terms and conditions. Since Next Century may revise
this Agreement at any time, we encourage you to
please review the terms and conditions every time
you use this site.
SITE CONTENTS
Next Century attempts to provide the most recent,
accurate, and reliable information on the Site.
However, there may be occasions when information
on the Site contains typographical errors, inaccuracies,
or omissions that may relate to product descriptions,
pricing, and availability or when an item featured
on the Site is no longer in stock or available.
Next
Century does not warrant that the information accessible
via this web site is accurate, complete or current.
Any errors are unintentional and we apologize if
erroneous information is reflected in merchandise
price or item availability, or in any way affects
your individual order.
Next
Century reserves the right to correct any errors,
inaccuracies or omissions and to change, move, delete
or update portions of, or add to, product information
and content at any time without prior notice (including
after you have submitted your order).
PRODUCT INFORMATION, DISPLAY + AVAILABILITY
Next Century has made every effort to display accurately
the products featured on the Site. However, the
colors we use and the capabilities of your computer
monitor will affect the colors you see on your screen.
Next Century cannot guarantee that your monitor’s
display of any color, texture, or merchandise details
will be accurate.
Next Century is not responsible for errors made
in selecting a dress
size and cannot guarantee a dress will fit. It is
the sole responsibility of the shopper to use a
tape measure to take her measurements properly and
then select the size that best fits her based on
the size chart for the particular item purchased.
Next Century reserves the right to change sizes
available and the size charts at any time.
SITE
CHANGES
In order to keep the Site current with our latest
fashion ideas, Next Century frequently changes the
merchandise offered. This means that we cannot guarantee
that an item displayed on a previous visit to the
Site will still be available when you visit again.
We reserve the right to make changes to the Site
without prior notice. Should you be unable to locate
an item you saw on a previous visit, please contact
us and we will make every effort to meet your needs.
Prices displayed on the Site are quoted in U.S.
dollars and are valid and effective only in the
United States.
RISK
OF LOSS
Risk of loss or transfer of title to the Buyer or
customer occurs when Next Century delivers the merchandise
ordered to a common carrier in good condition for
shipment to the customer.
RESTRICTED
USE OF MATERIALS
Unless otherwise noted, all materials, including
images, illustrations, designs, icons, photographs,
video clips and written and other materials that
are part of the Site (collectively, the "Contents")
are copyrights, trademarks, trade dress or other
intellectual property owned, controlled or licensed
by Next Century. The Site as a whole is protected
by copyright and trade dress and all worldwide rights,
titles and interests in and to are owned by Next
Century.
The
Site and all its Contents are intended solely for
personal, non-commercial use. You may download or
copy the Contents and other downloadable materials
displayed on the Site for your personal use only.
No right, title or interest in any downloaded materials
or software is transferred to you as a result of
any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell
or participate in any sale of or exploit in any
way, in whole or in part, any of the Contents, the
Site or any related software.
USER
COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding
the Site, our products and our services. All comments,
feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to Sydney’s
Closet on or by the Site or otherwise disclosed,
submitted or offered in connection with your use
of the Site (collectively, the "Comments")
shall be and remain Next Century’s property.
Such
disclosure, submission or offer of any Comments
shall constitute an assignment to Next Century of
all worldwide rights, titles and interests in all
copyrights and other intellectual properties in
the Comments without payment of any compensation.
Thus,
Next Century will own exclusively all such rights,
titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of
any Comments. Next Century is and shall be under
no obligation (1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments;
or (3) to respond to any user Comments.
You
agree that no Comments submitted by you to the Site
will violate any right of any third party, including
copyright, trademark, privacy or other personal
or proprietary right(s). You further agree that
no Comments submitted by you to the Site will be
or contain libelous or otherwise unlawful, abusive
or obscene material. You are and shall remain solely
responsible for the content of any Comments you
make.
You hereby grant Next Century an irrevocable and
unrestricted license to use, modify, reproduce,
transmit, display and distribute such materials,
information, suggestions, ideas or comments (other
than your name) for any purpose whatsoever.
ACCEPTABLE
USES
You may use this site for legitimate shopping purposes
only. You may not harm the Site in any way or otherwise
use the Site in any improper manner, including,
but not limited to hacking into the Site's systems,
spoofing or faking e-mail headers or slowing or
stopping the functionality of the Site.
In
the event you register and/or purchase product,
you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted
by the registration form. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or Next Century suspects, for any reason, that such
information is untrue, inaccurate, not current or
incomplete, Next Century, in its sole discretion,
has the right to not fulfill your order or suspend
or terminate your account and refuse any and all
current or future use of the site.
If
you choose to create a password and account designation
upon completing the registration process, you are
responsible for maintaining the confidentiality
of the password and account, and are fully responsible
for all activities that occur under your password
or account. You agree to (a) immediately notify
Next Century of any unauthorized use of your password
or account or any other breach of security, and
(b) ensure that you exit from your account at the
end of each session. Next Century will not be liable
for any loss or damage arising from your failure
to comply with this paragraph.
LINKS TO OTHER WEB SITES AND SERVICES
The Site may include links to other Internet sites
maintained by third parties ("Linked Sites").
Access to Linked Sites are provided to you solely
as a convenience, and the inclusion of site links
does not imply endorsement by Next Century. Your
access of any Linked Sites is at your own risk and
by accessing them you may leave the Site. Linked
sites are not under the control of Next Century
and the Site and Next Century and the Site are not
responsible for the contents of any Linked Sites
SIZING
The
Site and Next Century have no control and accept no
responsibility for the sizing you select for your
merchandise and
are unable to accept returns or exchanges for dresses
that don't fit.
DISCLAIMER,
LIMITATION OF LIABILITY + INDEMNITY
Disclaimer
Except as otherwise expressly provided, this site,
and all contents and all products and services are
provided on an “as is” basis.
ALL PURCHASES ARE “AS IS, WHERE IS.”
THAT MEANS NEXT CENTURY HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Next Century does not warrant that 1) the contents
of this site will be
accurate, reliable or free of error 2) that this
site or the server that makes
it available are free of viruses or other harmful
components or 3) that your
use of this site will be without interruption.
You
use this site at your own risk.
Neither Next Century nor its affiliated or related
entities or it vendors
or content providers shall be liable to any person
or entity for any
direct or indirect loss, damage (whether actual,
consequential, punitive, special or otherwise) injury,
claim or liability of an kind or character
whatsoever based upon or resulting from you’re
your use or inability to
use the Site or any information or materials provided
on the Site.
Next Century is not liable for any defamatory, offensive
or illegal conduct
of any user. If you are dissatisfied with the Site
or any materials on
the site, or any of Next Century’s Terms of
Use, your sole and exclusive
remedy is to stop using this site.
Next Century shall not be liable for damages of
any kind related to your
use of or inability to use the Site, even if Next
Century knew, or should
have known, of the potential for such damages.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless,
Next Century, then Site, its affiliates, parents,
and their respective officers, directors, employees,
agents, licensors, shareholders, representatives,
and third party providers to the Site from and against
all third party claims, losses, expenses, damages,
and costs, including reasonable attorneys' fees,
resulting from any violation of this agreement by
you. Next Century reserves the right to assume,
at its sole expense, the exclusive defense and control
of any matter subject to indemnification by you,
in which event you will fully cooperate with Next
Century in asserting any available defenses.
DENIAL OF ACCESS
These Terms of Use constitute an agreement that
is effective unless and until terminated by Next
Century. If in Next Century’s sole discretion
you fail to comply with any term or provision of
this agreement, Next Century may deny you access
to the Site. In the event of denial of access by
Next Century, you are no longer authorized to access
the Site, and the restrictions imposed upon you
with respect to material copied or downloaded, and
the disclaimers and limitations of liabilities set
forth in these Terms of Use, shall continue in force.
These Terms of Use constitute the entire agreement
between you and Next Century relating to the subject
matter addressed herein.
JURISDICTION AND GOVERNING LAW
The site is controlled and operated by Next Century
from its offices in the State of Missouri, United
States of America. Although the Site can be accessed
from other locations, by accessing the Site you
agree that these terms of use and any transaction,
including sales of product, shall be governed by
and construed in accordance with the laws of the
State of Missouri without giving effect to its conflicts
of law principles. All proceedings relating to the
Site, these Terms of Use, or any transaction, including
the sale of any products, using the Site, shall
be brought only in the state or federal courts of
St. Louis County, Missouri or the Eastern District
of Missouri USA, and you and Next Century do hereby
consent to the jurisdiction and venue of such courts.
The Site is intended for residents of the United
States only. No software from the Site may be downloaded,
exported or re-exported in violation of any law
including, without limitation, to countries that
are subject to U.S. export restrictions.
TERMINATION
All of these terms of use are material. Upon any
breach by you of any such term, your right to access,
download and otherwise use this site, all materials
obtained from this site and all copies thereof shall
immediately terminate.
These terms are effective unless and until terminated
by either you or Next Century. You may terminate
this Agreement at any time. Next Century also may
terminate this Agreement at any time and may do
so immediately without notice, and accordingly deny
you access to the Site, if in Next Century’s
sole discretion you fail to comply with any term
or provision of this Agreement. Upon any termination
of the Agreement by either you or Next Century,
you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as
all copies of such materials, whether made under
the terms of use or otherwise.
INTERNATIONAL
SHIPPING POLICIES
You may be subject to import duties and taxes, which
are levied once a shipment reaches your country.
Additional charges for customs clearance must be
borne by you; we have no control over these charges
and cannot predict what they may be. Custom and
import duties are not included in our shipping charges.
Customs policies vary widely from country to country;
you should contact your local customs office for
further information before you place your order.
Additionally, when ordering from SydneysCloset.com
you are considered the importer of record and must
comply with all laws and regulations of the country
in which you are receiving the goods.
SydneysCloset.com reserves the right to approve
which countries it will ship to and in the event
a country is not approved, the buyer will receive
a full refund.
On international shipments, delays may occur that
are beyond our control caused by such factors as
weather, language barriers, duties, taxes, import
restrictions and custom services.
If duties are not paid by on entry to destination
country, or the merchandise is refused, SydneysCloset.com
reserves the right to charge for fees incurred to
ship the product back to our facility in St. Louis,
MO.
MONEY
ORDER POLICY
Sydney's Closet reserves the right to cancel
any order when the customer fails to send to Sydney's
Closet
full payment postmarked within seven business days
from the
date the order is placed. Sydney's Closet reserves
the right to
delay ordering the customer's dress or holding the
dress until the money order forfull payment is received.
OTHER
If any of these terms of use is unlawful, void,
or for any reason unenforceable, then that term
shall be deemed severable from the other terms and
shall not affect the validity and enforceability
of any remaining terms.
These terms of use constitute the entire agreement
between Next Century, the Site and you relating
to the subject matter herein. Next Century shall
have the right to change or modify these terms of
use at any time.