1. General and Acceptance

BY USING AND/OR VISITING THE WWW.VICTORIASTOWECOLLECTION.COM WEBSITE (as defined below collectively, including all content available through the VictoriaStoweCollection.com domain name, and/or any sub-domain name such as www.mobile.victoriastowecollection.com, "VSC" (Victoria Stowe Collection), the "VSC Website", or "Website"), and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow), YOU HEREBY SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF VSC PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the VSC Website. The Terms of Use constitute a binding legal agreement between You as user (“you”) and the subsidiaries and/or affiliates of VSC (the "VSC Affiliates"). VSC collaborates with the VSC Affiliates, from time to time, in order to facilitate the delivery of services to its Users and to collect payments. For the purpose of these Terms of Use, a "Sub-website" of VSC shall be considered as any website, which is part of the VSC service offering and which refers to these Terms of Use as the terms governing the use of such websites. This Terms of Use Agreement sets forth the legally binding terms for your use of the VSC Services and they shall apply to all users of the VSC Website, including users offering content and/or other materials or services on or through the Website. By using the VSC Services, you agree to be bound by this Agreement. You are only authorized to use the VSC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE VSC WEBSITE AND DISCONTINUE ITS USE IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE TVSC SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.

 

2. Eligibility

Use of and Membership in the VSC Services is void where prohibited. By using the VSC Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the this website and VSC Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.

 

3. Provided Services

Subject to full compliance with the Terms of this Use Agreement, VSC shall provide certain services, as described more fully on the Website ("Services"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and VSC may charge fees for such Services. The Services are provided by VSC AS IS and VSC assumes no responsibility for any failure in providing the Services to the Users. VSC may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. VSC may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. VSC may charge fees for the use of the Services or part of them, and may include advertisements or other commercial content in any VSC product or image or webpage. 

 

4. General Undertakings

You accept sole responsibility for all of your activities using the Website. You will not use the VSC's material, content, and services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.

 

5. Website Access

A). VSC hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use. B.) In order to access some features of the Website, you will have to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. By using the Website, you expressly relieve us from any and all liability arising from your use of any provided information. The VSC Website may contain third party content and links to third party websites that are not owned or controlled by VSC. VSC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party content or websites or any of their contents.

 

6. Intellectual Property Rights

The Content on the Victoria Stowe Collection Website (as defined above) is subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, VSC uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent as the respective owners (if such consent is required). VSC reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or any of the Content therein.

 

7. Additional Prohibited Uses

​In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to: (a) harm minors in any way; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity; (c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003; (f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy. You agree to indemnify and hold us harmless from any claims resulting from the use of the Services which damages you or any other party. We reserve the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for our benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in our sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, we may immediately shut down the site, and notify you of the action. You agree to waive any cause of action or claim you may have against us for such action.

 

8. Warranty Disclaimer & Limitation of Liability​

A). YOU AGREE THAT YOUR USE OF THE VSC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VSC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE VSC WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE VSC WEBSITE. B). IN NO EVENT SHALL VSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VSC WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. C). YOU SPECIFICALLY ACKNOWLEDGE THAT VSC SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. D). VSC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VSC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VSC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. E). VSC DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. F). VSC MAKES NO REPRESENTATIONS THAT THE VSC WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE VSC WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

9. ​​​Indemnity

You agree to defend, indemnify and hold harmless VSC, its parent corporation, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of our Website.

 

10. Events Beyond Control​

Under no circumstances shall we be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

 

​11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VSC without restriction or limitations.

 

 ​12. General

You agree that: (i) the VSC Website shall be deemed solely based in the USA; and (ii) the VSC Website shall be deemed a passive website that does not give rise to personal jurisdiction over VSC, either specific or general, in jurisdictions other than the U.S. These Terms of Use, together with the Privacy Policy and any other legal notices published by VSC on the Website, shall constitute the entire agreement between you and VSC concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND VSC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VSC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. By registering to the VSC Website and providing your email address, you expressly agree to receive promotional content from VSC, by mail or email, from time to time. If you provide us with your phone number, we shall be entitled to call you or send promotional SMS notices from time to time.  If you wish not to receive such promotional content or/and notices, you may notify VSC at any time.