TERMS AND CONDITIONS
Effective date: December 17th, 2019.
This Agreement shall remain in full force and effect while you use the Website and/or are a registered user of the Website. You may terminate your registration with the Website at any time, for any reason, by contacting our customer service at the contact information listed at the bottom of these Terms and Conditions and informing a service agent that you request your account with House of Sillage be terminated.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our site. If you are under 18 years old or the age of majority in your jurisdiction, you may not make a purchase on our site. If you are under 13 years old, you may browse our site, however, you may not provide personal information to us and may not register on this site. This site is not directed to children under 13 years old. By accessing or using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
IF YOU DO NOT AGREED TO THESE TERMS AND CONDITIONS, YOU ARE INSTRUCTED TO CEASE USE OF THIS WEBSITE IMMEDIATELY.
Privacy today is of significant concern to House of Sillage, and we wish our clients and users of this webpage to have a solid understanding of their privacy rights, as well as what information House of Sillage collects and for what purpose.
- User Representations
By using this site and any other applicable service House of Sillage provides, you the user represent and warrant that:
- all registration information and all other information that you have submitted to us by or through this site (“Customer Information”) is truthful, accurate, current and complete. If you provide any Customer Information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such Customer Information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof);
- you will regularly review, maintain and promptly update your Customer Information on this site to keep it true, accurate, current and complete;
- you understand that you are partially responsible for your own account security, and that you will keep your site login information and password and will be responsible for all use of your password and account;
- in the event that you believe your account security may have been compromised, you will promptly contact us at the contact information listed at the end of these Terms & Conditions such that any fraudulent activity can been prevented or minimized
- you are the age of majority in your jurisdiction where you reside; and
- your use of this site and the use of any products and services obtained here does not violate any applicable law or regulation which you yourself may be subject to.
- Prohibited Activities
You may not access or use the site for any other purpose other than that for which House of Sillage has made it available. The site is for the personal use of individual human users only and may not be used in connection with any business entities or commercial endeavors except those that are specifically approved by House of Sillage.
Prohibited activities include, but are not limited to:
- data scraping and other similar data gathering and extraction tools, that is the systematic retrieval of data or other content such as pictures or product descriptions and reviews from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior consent from House of Sillage;
- collecting usernames, email addresses, and/or other personal information of users by electronic or other means for any unauthorized purpose, for example using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user or other third party without said third party’s prior explicit consent;
- engaging in unauthorized framing of or linking to this site;
- engaging in any automated use of the Website, such as using scripts to send comments or messages or the creation of product reviews;
- intentionally interfering with, disrupting, or creating an undue burden on this site or the networks or services connected to this site;
- attempting to impersonate another user or person;
- attempting to bypass, circumvent, disable and/or otherwise interfere with any measures of the site designed to prevent and/or restrict access to the site.
- harassing, annoying, intimidating or threatening any persons engaged in providing any portion of the services or any other user or customer of this site;
- Products and Services for Personal Use
The products and services available on this site, and any samples thereof we may provide to you, are for your personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order or refuse service to anyone for any reason.
- Accuracy of Information Provided by This site
We attempt to be as accurate as possible when describing our products on the site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the site are always accurate, complete, reliable, current, or error-free.
As such, if you have received your order and have concerns as to differences between an item description and what you received, we welcome you to contact us at the contact information provided below, and a customer service agent will be happy to assist you.
- Intellectual Property
The information and content on the site (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) is the property of House of Sillage, our affiliates, partners or licensors and is subject to copyright and other intellectual property rights under United States and foreign laws, regulations and conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics.
All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of House of Sillage in the U.S. and/or other countries.
House of Sillage’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of House of Sillage.
Furthermore, the Company Content on the site is provided to you “AS IS” for your information and personal non-commercial use only and may not be used other than in connection with your purchases from the site which are intended for your own personal non-commercial use. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content nor any portion of the site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- Copyright Complaints
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the site.
This limited license specifically does not grant you the right to:
(a) frame or utilize framing techniques and other such work-arounds to enclose the site or any portion thereof;
(b) copy with the intent to republish, redistribute, transmit, sell, license or provide a download of the site or any and/or all content (except caching or as necessary to view the site);
(c) make any use of the site or any and/or all content other than personal use;
(d) modify, reverse engineer or create any derivative works based upon either the site or any and/or all content;
(e) collect account information for the benefit of either yourself or a third party;
(f) use any meta tags or any other "hidden text" utilizing any and/or all content;
(g) use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may slow, overload or otherwise impose an unreasonable burden on our infrastructure.
You must retain, at all times, without modification, all proprietary notices on the site or affixed to or contained in the site. Similarly, all pictures may not have their watermarks altered or removed.
Any unauthorized use by you of the site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5, without prejudice, to any other remedy or remedies as provided for by applicable law or as described in these Terms and Conditions.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
- Your Obligations and Responsibilities as a User of this Site
Without limiting the generality of any other provision of these Terms and Conditions, if you breach this agreement either negligently or willfully, with respect to any of the obligations as set forth in these Terms and Conditions, you shall be liable for any and all the losses and damages that this may cause to House of Sillage Online, our affiliates, partners or licensors.
- Consent to Receive Notices Regarding These Terms and Conditions and Other Policies Electronically by Posting on the site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this site.
You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org and discontinue your use of this site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate.
- Your Account
Subject to the age restrictions outlined above, you may view and use many features of the site without registering, including making purchases, but in order to access and use some parts of the site, you may need to register an account with us and provide us with certain personal information in order to do so.
If you are accessing and using the site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the site or Content resulting from such access or use.
- User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the site, you are entirely responsible for such User Content. We do not endorse nor control the User Content transmitted or posted on the site and do not guarantee the accuracy, integrity or quality of User Content.
You agree not to engage in, assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the site User Content that:
(a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) is known by you to be false, inaccurate or misleading;
(d) you were compensated for or granted any consideration by any third party;
(e) infringes any intellectual property right of any party;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(g) intentionally or unintentionally violate any applicable local, state, national or international law; or
(h) collect or store personally identifiable data about other users.
You understand that by using the site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the site.
You acknowledge that we have the right (but not the obligation) to refuse to post or remove any User Content according to own discretion, without warning, and we reserve the right to delete any User Content.
Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
- Deletion of User Account and/or Content
You may cancel your account with us at any time by email at email@example.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
If you wish to delete your user content, such as your ratings and reviews posting(s), on our website or in connection with our mobile applications, please contact us by email at firstname.lastname@example.org and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
- Third Party Links
House of Sillage is not responsible for the content of any off-website pages or any other websites linked to or from this site.
Links appearing on this site are for your convenience only and are not an express nor implied endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.
We are not responsible for review nor do we warrant the offerings of websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit as their privacy policies likely differ from our own.
- Special Events
The site may offer certain special events (such as contests, sweepstakes, website features or other offerings) which may:
(b) be offered by us or by third parties.
With respect to any dispute regarding the site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California.
- Disclaimer of Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your use of the site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the site and providing notice of such change. Any changes are effective immediately upon posting to the site and we will use best reasonable efforts to notify you of the release of notice of such change.
Your continued use of the site thereafter constitutes your agreement to all such changed Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
If you have any questions regarding these Terms and Conditions, please email us at email@example.com.
660 Newport Center Drive Suite 660
Newport Beach, CA 92660
MONDAY – FRIDAY
7AM PST – 4PM PST