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Terms of Use

Website Terms of Use


Welcome to the Vanilla Sky website (“Website”). Vanilla Sky (also referred to as “we” or “us” or “our”) offers this Website as a unique fashion experience where you can discover your own personal style and be a part of a community. Users of the Website (“users” or “you” or “your”) will have access to information, may purchase clothing, accessories, or other products provided by us or our third party providers (“Products”), and participate in services and benefits that we offer from time to time, including for example, rewards programs, shopping experiences, and other offers and opportunities (collectively, “Services”). As a condition of using the Website for any purpose, you must agree to and comply with this Website Terms of Use (“Terms of Use”).


WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK PERIODICALLY FOR UPDATES. THE DATE AT THE TOP OF THESE TERMS OF USE REFLECTS THE MOST RECENT VERSION. BY ACCESSING THIS WEBSITE AND/OR PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO THE CURRENT VERSION OF THESE TERMS OF USE.

SECTION 1 - ONLINE STORE TERMS
You may purchase Products and Services from our online store located on the Website. Our online store is hosted on the KWI Unified Commerce platform (the “Platform”) at https://www.kwi.com/. KWI provides us with the online e-commerce Platform that allows us to sell our Products and Services to you. We have no direct control of the availability or security of the KWI website or the Platform. Accordingly, we disclaim and you agree to release us now and forever in perpetuity from any and all liability and damages of any kind arising from or in connection with the Platform.

In order to purchase Products or Services or participate in any of our offerings, you must create a user account and register as a Rewards Member. You are not required to create a user account to enjoy use of our Website. If you create a user account, you must provide true, accurate, current and complete information and you must update your user account whenever the information you provide has changed, including your email address, credit card numbers and expiration dates. It is your responsibility to maintain the confidentiality of your user name and password, and you agree to accept responsibility for all activities that occur under your user account. You may not transfer, assign or sell your user account to any third party. We have the right to rely upon any information received from any person/entity using your username and password under your account, and you agree that we will not incur any liability arising out of such reliance. 

We reserve the right, in our sole and absolute discretion, to refuse to provide Services, deny the registration of your user account, reject any requested Product purchases, or limit or cancel quantities purchased per person, per household or per order. We may place restrictions on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone listed on your user account. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Certain Products or Services may be available exclusively through the Website and may have limited quantities. In addition to these Terms of Use, purchases of Products and Services are subject to the terms of our Shipping Policy and our Return Policy. Please review these policies carefully. Products may or may not be subject to return or exchange. Prices are subject to change without notice. We reserve the right at any time to modify or discontinue a Product or Service (or any part or content thereof) without notice. We will not be liable to you or to any modification, price change, suspension or discontinuance of a Product or Service decided by us or any third party. We reserve the right to limit sales of Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. Product descriptions and prices are subject to change at any time without notice. Any offer for any product or service made on this site is void where prohibited.

SECTION 2 – SECURITY
You understand that your personal information (excluding credit card information), may be transferred unencrypted, and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You are prohibited from violating or attempting to violate any security features of this Website, including, without limitation, (i) accessing Materials that are not intended for you, (ii) logging onto a server or account that you are not authorized to access; (iii) attempting to probe, scan, or test the vulnerability of this Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (iv) interfering or attempting to interfere with any Services we provide through this Website; (v) using this Website to collect or track the personal information of others or to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services whether or not they are Products or Services we offer; (vi) using any automatic or manual process to monitor or copy any portion of this Website; (vii) introducing any viruses, Trojan horses, malware, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (viii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used with or for this Website.

SECTION 3 – USE OF THE WEBSITE
You may use our Website for informational purposes and/or to become a Rewards Member, receive Services and benefits and/or purchase Products. All content included on this Website, such as text, graphics, icons, images, Product and Services descriptions and the underlying source code (collectively, “Materials”) are the exclusive property of Vanilla Sky or a third party provider with whom we do business (“Provider”). All Materials, including the trademarks, service marks and logos (collectively, “Marks”) used and displayed on this Website, are protected by U.S. and international copyright laws. You may view and download the Materials for your personal use or information, to order Products or Services, or for other non-commercial uses, provided that you retain all copyright and other proprietary notices contained in the original Materials. Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Website, without the written permission of the owner of the Marks. 

You may not modify, reproduce, publicly display, assign, license, sublicense, or distribute the Materials for any public or commercial purposes or use the Materials outside the uses expressly permitted above. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website. You may not purchase Products or receive Services without our express written permission.

SECTION 4 – LIMITED WARRANTY; WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
We have made every effort to display as accurately as possible the colors and images of our Products made available through our online store. We cannot guarantee that your computer monitor's display of any color will be accurate.

The Products you purchase may be covered by third party warranties. Please review all documentation and information you receive with your Products. Your may have the right to return or exchange Products pursuant to the terms of our Return Policy.

We do not warrant that the quality of any Products or Services purchased through our online store or any information or Materials displayed on our Website or otherwise made available to you will meet your expectations, or that any errors will be corrected. We do not warrant that the Materials or other information will be accurate, complete, or current. We undertake no obligation to update, amend or clarify the Materials on our Website, including without limitation, prices or Product descriptions, except as required by applicable law. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
The Materials and other information is intended for general informational purposes 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 Materials or other information provided or made available to you is at your own risk.

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE, ANY THIRD PARTY LINKED SITES, PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH OUR ONLINE STORE, OR ANY MATERIALS AND/OR MARKS CONTAINED ON THIS WEBSITE. THE EXCLUSIONS IN THIS SECTION INCLUDE BY WAY OF EXAMPLE, BUT NOT LIMITATION, DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE MATERIALS, OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE, YOU MAY BE ELIGIBLE FOR AN EXCHANGE OR RETURN, AND YOU MAY DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR SERVICES THAT SPECIFICALLY CAUSED THE DAMAGE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

SECTION 5 – THIRD-PARTY LINKS
Certain content, Products, and Services on our Website may include materials from third parties.

This Website may contain links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any information made available to you through such third party websites. We do not warrant, recommend, or endorse, nor will we assume any liability or responsibility for any third-party materials, or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages you incur, directly or indirectly, arising from your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's privacy policies and terms and make sure you understand them before you engage in any transaction. When you leave our Website, the terms, conditions, and privacy policies on such third party sites will apply to you Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 6 – FEEDBACK, COMMENTS, AND ADDITIONAL USE PROHIBITIONS
If you upload submissions (for example, in the context of a sweepstakes or contest entry) or you send us creative ideas, suggestions, proposals, plans, materials, or feedback, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction or limitation, edit, copy, publish, distribute, translate and otherwise use the Feedback in any medium. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

If we permit you to upload data to the Website for public display (“Comments”), we may, but have no obligation to, monitor, edit or remove any Comments that you or any other user uploads to our Website. Notwithstanding the foregoing, you agree that: (a) you are strictly prohibited from uploading any Comments or otherwise using the Website for any purposes that are offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violate these Terms of Service or any international, federal, provincial or state regulations, rules, laws, or local ordinances; (b) your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, publicity, image, or other personal or proprietary right; (c) your Comments will not contain computer virus or other malware that could in any way affect the operation of the Service or any related website; (d) you will not upload Comments or use the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; and (e) you will never 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. 

SECTION 7 - PERSONAL INFORMATION
Personal information that you submit when you purchase Products or Services from our online store or which is collected from you during your use of the Website is governed by our Privacy Policy which is incorporated into and made a part of these Terms of Use. For more detail, please view our Privacy Policy.

SECTION 8 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vanilla Sky 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 (a) use of the Website or (b) breach of these Terms of Use, or (c) violation of any law or the rights of a third-party.

SECTION 9 – TERMINATION
Any conduct by you that we reasonably believe violates these Terms of Use, any applicable laws, impacts or ability to conduct business, or restricts or inhibits any other user from using or enjoying this Website is strictly prohibited and is deemed a material breach for which we may immediately block your access to the Website, suspend or terminate your user account, and/or take any other actions available to us in law and in equity. You acknowledge and agree that we may at any time, for any reason or no reason, suspend, terminate, or restrict your access to or use of this Website, or any portion thereof, or your user account with or without notice, unless otherwise prohibited by applicable law.

Each of our obligations and liabilities under these Terms of Use that are intended to survive will survive our termination of your access to the Website, suspension or termination or your user account, and/or our decision to cease providing the Website, Products, or Services, which may be undertaken at any time in our sole and absolute discretion.

SECTION 10 – GOVERNING LAW
Any claim relating to this Website, the Materials, Marks, and/or your use of this Website (including without limitation any purchases of Products or Services you make through this Website and/or any claims relating to the Privacy Policy located within this Website) are governed by and construed in accordance with the laws of the State of New York (regardless of the laws that might be applicable under principles of conflicts of law).

SECTION 11 – GENERAL PROVISIONS
In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use 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 Website, including purchase and receipt of Products and Services, and supersede 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 these Terms of Use or comparable documents or agreements).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 12 - CONTACT INFORMATION
Questions about these Terms of Use should be sent to us at customerservice@vanillasky.com

Updated 09/13/2021


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