Terms and Conditions
Risk of Loss
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Brutique. Title to the products purchased on the Site, as well as the risk of loss for such products, passes to you when Brutique delivers these items to the carrier.
All materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Brutique, or, as otherwise noted, are the intellectual property of the Site’s vendors and or suppliers. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Brutique. The “Brutique” mark, “Brutique Logo” and other marks appearing at this Site are the trademarks of Brutique.
Use and Restrictions
The Site and all its Contents are intended solely for personal 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. Except as noted above, you may not reproduce, 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 or the Site.
You consent to receive electronic communications from Brutique either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”), and that you, and not Brutique, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership.
You represent and warrant that you own all Submissions posted by you on or through the Site, that your Submission is accurate and not misleading, and the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site.
Brutique reserves the right in its sole discretion to terminate your access to your account, terminate your ability to post to the Site, and to refuse, delete, modify, edit or remove any Submissions, with or without cause and with or without notice, for any reason or no reason.
Brutique takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Brutique is only a forum and is not liable for any statements, representations, or Submissions provided by its users.
By prohibiting certain activities, Brutique does not assume an obligation to monitor, police or remove any Submissions or other information submitted by you or any other user.
Warranties, Disclaimers and Limitation of Liability
BRUTIQUE PROVIDES THE MATERIALS ON THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRUTIQUE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
In addition, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Brutique reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
BRUTIQUE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMTED TO ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS.