1. Acceptance of Terms:
1.1.MOCKINGBIRDBOUTIQUE(“MOCKINGBIRDBOUTIQUE,” “US” OR “WE“) PROVIDES ITS WEBSITES, MOBILE SITES, MARKETPLACE LISTINGS, MESSAGING FUNCTIONS, AND/OR APPS (i) OWNED OR OPERATED BY OR FOR MOCKINGBIRDBOUTIQUE, OR MANAGED BY A MOCKINGBIRDBOUTIQUE– OWNED ACCOUNT, OR (ii) ON MOCKINGBIRDBOUTIQUE– BRANDED PAGES ON WHICH PRODUCTS ARE DISPLAYED AND POSTED FOR SALE (COLLECTIVELY, “SITE“) TO YOU SUBJECT TO THE FOLLOWING TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY’S OR EMPLOYER’S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO “YOU” INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). MOCKINGBIRDBOUTIQUE CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED TERMS OF SERVICE ON THIS SITE AND MOCKINGBIRDBOUTIQUE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT [email protected]
2. User Account, Password, and Security
2.1.To complete your registration for your Mockingbirdboutique account (“Account”), you must provide an email address, a password, and payment and tax information, as necessary. You are responsible for maintaining the confidentiality of your password and Account, and are responsible for all activities that occur under your password or Account. It is important for you to protect against unauthorized access to your device. Be sure to log off when you finish using a shared device.
2.2.You agree to (a) immediately notify Mockingbirdboutique of any unauthorized use of your Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Mockingbirdboutique cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3. User Conduct, Acknowledgements and Agreements:
3.1.In using this Site, you agree to not:
3.1.1.upload, download, post, email, message or otherwise transmit any Content that may be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property;
3.1.2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3.1.3. upload, download, post, email, message or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website or search engine without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
3.1.4. upload, download, post, email, message or otherwise transmit any Content that may constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that may otherwise create liability or violate any local, state, national, or international law;
3.1.5. use the Service to harm minors in any way, including, but not limited to, uploading Content that may violate child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
3.1.6. upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
3.1.7. upload, download, post, email, message or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
3.1.8. upload, download, post, email, message or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, facilitate unauthorized access to, or limit the functionality of any computer software or hardware or telecommunications equipment;
3.1.9. remove, alter, obscure, or otherwise degrade watermark(s) or similar security measures that appear on images copied from or linked to by the Site;
3.1.10. upload, download, post, email, message or otherwise transmit false or misleading information;
3.1.11. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
3.1.12. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
3.1.13. disrupt or interfere with the enjoyment of any other Users of the Site or affiliated or linked websites;
3.1.14. embed, copy, mirror, forward-to, or otherwise replicate any part of Mockingbirdboutique’s websites or applications, except as permitted in writing by Mockingbirdboutique;
3.1.15. incorporate images, faces, likenesses or names of any celebrity, public figure, or individual who does not want their name, likeness, or image used, in any way that would violate a person’s right of privacy or publicity;
3.1.16. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
3.1.17. transfer your Mockingbirdboutique Account to another party without Mockingbirdboutique‘s written consent;
3.1.18. copy, modify or distribute, except as otherwise allowed by Mockingbirdboutique herein or on the Site, any (i) Content, (ii) services or tools, or (iii) Mockingbirdboutique’s copyrights and trademarks, from the Site;
3.1.19. upload and/or exploit any other User’s Content (including Collaborative Content, as applicable), on the Site or elsewhere, for use by others; or
3.1.20. harvest or otherwise collect information about Users, including names and email addresses, without their consent.
3.2. By using the Site, You hereby acknowledge and agree that:
3.2.1. You are responsible for the creation and compilation of your Content, and that neither Mockingbirdboutique nor any other party involved with the production of any Product incorporating such Content assumes that responsibility. Mockingbirdboutique’s production of any Product depicting your Content does not indicate that Mockingbirdboutique approves of the Content, that the Content obeys any and all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
3.2.3. You are responsible for actions and communications undertaken under your Account. Mockingbirdboutique takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Mockingbirdboutique and its affiliates, contractors, agents and employees for losses, damages and injuries that are based on or relate to your communications or Content on the Site. You agree to indemnify Mockingbirdboutique and its affiliates from all claims and expenses, including reasonable attorneys’ fees, which claims are based on or arise from your violation of any of the provisions of this Agreement, except with respect to Mockingbirdboutique’s own negligence.
3.2.4. Your use of this Site and of any Products ordered, either for purchase or download (“Orders”) on this Site must (i) be in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and (ii) will not harm or violate the rights of any person or entity.
3.2.5. Mockingbirdboutique does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Mockingbirdboutique expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Mockingbirdboutique and its designees shall have the right to remove, without prior notice, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to Mockingbirdboutique. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
3.2.6. You will not use any Product distributed and/or ordered from the Site in a way that would be damaging to Mockingbirdboutique’s public reputation or that of its employees, board members, shareholders, licensors, or partners. Additionally, you acknowledge that if you choose to display any Product ordered from Mockingbirdboutique, in a public setting, including on the Internet, in a way which disparages Mockingbirdboutique, Mockingbirdboutique’s board members, employees, shareholders, licensors, or partners, Mockingbirdboutique reserves the right to demand immediate return of the Product, and to furthermore pursue all recourses and remedies available under the law.
3.2.7. The Site may provide, or third parties may provide, links to other websites or resources. Because Mockingbirdboutique has no control of such sites and resources, you acknowledge and agree that Mockingbirdboutique is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources. Mockingbirdboutique is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
4. General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including 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 agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. 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.
6. Products or services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our 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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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. In the event that 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 number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns & Refunds Policy.
8. Optional tools
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 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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. Third-party links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have 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 related to the 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 policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. Age and Geographic Restrictions:
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
11. International Access:
11.1.This Site may be accessed from countries other than the United States. This Site may contain Products or references to Products that are not available outside of the United States. Any such references do not imply that such Products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
11.2. You agree that Mockingbirdboutique can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
12. 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.
14. Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mockingbirdboutique, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.
You agree to indemnify, defend and hold harmless Mockingbirdboutique 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.
17.1.You agree that Mockingbirdboutique, in its sole discretion, may terminate this Agreement, in whole or in part, including but not limited to termination of your password, Account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Mockingbirdboutique may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Mockingbirdboutique may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Should Mockingbirdboutiquedeactivate or delete your Account due to your violation of this Agreement in any way, as determined in Mockingbirdboutique’s sole discretion, Mockingbirdboutique reserves the right to withhold payment of any Royalties, Referral Fees or other monies associated with your Mockingbirdboutique Account(s). Further, you agree that Mockingbirdboutique shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your Account.
17.2.Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
18. 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.
19. 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.
21. Contact information
Questions about the Terms of Service should be sent to us at [email protected]