TERMS & CONDITIONS.
The following General Terms & Conditions govern the use of, access to, and purchase of merchandise by The YLO Label. (“The YLO Label.,” “we,” “us,” or “our,”) to you through The YLO Label. website and mobile application (together the “Site”) and any other services offered by The YLO Label. such as contacting by telephone or email or interacting with us over social media (“Services”). (“You,” Your,”) refers to you as a user of the Site or Services. By visiting the Site, you engage in our services and agree to follow and be bound by these General Terms & Conditions. These General Terms & Conditions apply to all users of the Site and Services. If you do not agree with or accept these General Terms & Conditions, you are not authorized to continue your use of or access to our Site or Services.
By agreeing to these General Terms and Conditions of Use, you represent that you are at least 13 years old or at least the age of majority in your state or province of residence. If you are under the age of majority in your state or province of residence, your parent or legal guardian must agree to these General Terms and Conditions on your behalf and only after, may you access or use the Site and Services.
PURPOSE AND FUNCTIONALITY.
PERSONAL ACCOUNT REGISTRATION.
To access or register to receive certain information, you will be required to register for a personal account on our Site. Please note that you are responsible for all activities that occur under your registered account on our Site and Services (unless you notify us that your account has been demonstrably used by a third-party without your consent). You agree to provide current, complete and accurate account information upon registering and otherwise and accurate information when you make a purchase on the Site or Services. You agree to promptly update your account and other information, including, but not limited to your personal identifiable information, email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are also responsible to maintain the security of your username and password and ensure that no third-party has access to your account without your consent. Any action taken while logged into your account will be your responsibility unless you notify use of use by a third-party without your consent. The YLO Label. is not liable for any loss or damage arising from your failure to comply with these obligations. Please note that The YLO Label. can and may terminate or suspend your account (a) if we believe that you are using your account in breach of these General Terms and Conditions of Use; (b) if we believe a third-party is using your account without your consent; or (c) if a we deem necessary to terminate your account for security or maintenance purposes. The YLO Label. reserves the right to terminate or suspend at any time and without prior notice.
PERMISSIONS AND RESTRICTIONS.
The design of the Site and Services and all text, graphics, information, designs, logos, content, and other materials (collectively, “Content,”) displayed on or that can be downloaded from the Site or Services are either the property of or used with permission by The YLO Label. and are copyrights, trademarks, trade dress or other intellectual properties owned controlled or licensed by us and may not be used except as permitted in these General Terms and Conditions of Use. You may not modify in any way or reproduce, publish, display, transmit, distribute or create derivatives of any of the Content of the Site or Services. Any unauthorized use of the Content may violate copyright, trademark, privacy and publicity, and other laws or regulations and may subject you to liability under federal, state or international laws. The Content is intended solely for your personal and non-commercial use. It is to be noted that parts of the Site or Services allow you to share Content on your personal social media platforms. This grants you a limited license to display the Content as directed. No right, title or interest in the Content is granted or transferred to you as a result of your use of the Site or Services. In addition to other prohibitions as set forth in the General Terms and Conditions of Use, you are prohibited from using the Site or Services 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 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 Site or Services 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 Site or Services or any related website, other websites, or the Internet. The YLO Label. reserves the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.
USER COMMENTS, FEEDBACK, AND SUBMISSIONS.
You are welcome to send us comments, feedback and suggestions (together, “Comments”) with your reviews, ideas, materials, images, information at any time regarding our Site or Services and merchandise. You grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use your Comments and agree that we may at any time without restriction, edit, copy, publish, reproduce, adapt, distribute, translate, create derivative work from and otherwise use in any medium, any Comments that you have submitted to us. We are and shall be under no obligation to maintain any Comments in confidence, pay compensation for any Comments or respond to any Comments. We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these General Terms and Conditions of Use. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal 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 Site or Services or any related website. You may not use a false email 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.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site and Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable. You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site or Services is at your sole risk. The Site and Services and all merchandise delivered to you through the Site and Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warrantees or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall The YLO Label., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or Services or any merchandise procured using the Site or Services, or for any other claim related in any way to your use of the Site or Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Services or any content (or product) posted, transmitted, or otherwise made available via the Site or Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these General Terms and Conditions 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 General Terms and Conditions of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to termination date shall survive the termination of this agreement for all purposes. These General Terms and Conditions of Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Site or Services. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these General Terms and Conditions of Use, we may also 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 Site or Services (or any part thereof).
ORDERS AND SPECIFICATIONS.
Your order represents an offer to purchase the merchandise displayed on our Site and Services, which is accepted by us only when we issue a confirmation email to the email address you provide. Our acceptance of your order is conditional upon the merchandise being intended for personal use and not for resale. By placing your order, you certify that you are purchasing merchandise for personal use only and not for resale. All orders are subject to availability and on a first-come first-served basis. Please note that merchandise on the Site and Services may at times be out-of-stock or discontinued. We reserve the right to refuse to accept an order for any reason at any time. Please not that we have made every effort to display the colors and images of the merchandise that appear on our website as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be completely accurate.
PRICES AND SERVICES.
The price of the merchandise purchased will be confirmed by us only at the time your order is placed. The price is inclusive of any applicable value added tax or other sales tax in accordance to state and local regulations based on your shipping address and at the rate of time to time in force. It is important to note that sales tax regulations may change between the time your order was placed to the time your credit card was authorized. In this case, the calculation of sales taxes appearing on the payment page of your shopping bag may be slightly different from the sales taxes indicated on the invoice that you receive when your item has been shipped and we send you a confirmation email. Please note that this is only due to sales tax regulations and not a matter we control. Prices on The YLO Label. website are quoted in US dollars but can be changed according to your preferred currency. We try our best to ensure that all prices displayed on our website are accurate, however errors may occur. In the event that an error occurs, and we are unable to supply the merchandise at the price or specification stated in the order placed, we will give you the option of reconfirming your order at the correct price or specification. You are also at full liberty to cancel the order completely. If we attempt to contact you about a change in the price or specification and we are unable to reach you, we will treat your order as canceled. All prices are inclusive of customs and import duties. All voucher codes are not valid on sale items unless specifically stated. Our Services are subject to change without notice. We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice. We are not liable to you or to any third-party for modification, price change, suspension or discontinuance of the Services.
SHIPPING AND DELIVERY.
When you make a purchase on the Site or Services, you are required to pay applicable shipping and processing charges as specified on your order confirmation. You bear all risks of loss and damage to the merchandise from the time they have cleared our fulfillment center. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of the shipment by a common carrier.
All returns and exchanges are governed by our Terms & Conditions For Returns, which is available on the Site.
USE OF MERCHANDISE.
Our merchandise is intended to purchase for personal and non-commercial only. By placing an order on our Site or Services, you accept these General Terms & Conditions and certify that your purchase is intended for personal use only and not for resale. We reserve the right to refuse to accept an order for any reason, at any time.
The failure of The YLO Label. to exercise or enforce any right or provision of these General Terms & Conditions shall not constitute a waiver of such right or provision. These General Terms & Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. These include but are not limited to any prior versions of the General Terms & Conditions. Any ambiguities in the interpretation of these General Terms & Conditions of Service shall not be construed against the drafting party.
All conflicts and issues arising out of or relating to the General Terms & Conditions will be governed by and construed in accordance with the laws of the State of California. These include however are not limited to the following: the validity, interpretation, construction, performance, and enforcement.
The YLO Label. shall not be liable to you or be deemed to be in breach of the General Terms & Conditions by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control.
TERMS & CONDITIONS AMENDMENTS.
We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms & Conditions at any time. Changes and modifications will take effect immediately upon their posting to the Site. Any changes made to the General Terms & Conditions can be found by visiting the Site and viewing the “Revised” date at the bottom of this page. Your continued use of or access to the Site or the Services following the posting of any changes to these General Terms & Conditions constitutes your acceptance of those changes.
CONTACT THE YLO LABEL.
If you have further questions or inquiries regarding the General Terms & Conditions, please contact us at firstname.lastname@example.org.
REVISED. FEB 1. 2020