Custom Consortium Terms of Use

Effective Date: November 30, 2016

Last Updated: November 30, 2016

Saintly Corp. d/b/a Custom Consortium (“Custom Consortium,” “our, “us” or “we”) grants you access to and use of our retail website, located at https://customconsortium.com/, which connects customizable fashion and luxury brands (each a “Brand”) with consumers who are interested in discovering, experiencing, designing and potentially ordering customizable goods (the “Website”) and any services that we may make available to you via your mobile devices (the “Mobile Services”).

Your access to and use of the Website, the Mobile Services and the content available on or through the Website and the Mobile Services, including any text, software, source code, applications, specifications, images, audio files, articles and other information and the selection and arrangement thereof, (collectively, the “Content”) is conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”) and in our privacy policy, located at https://customconsortium.com/privacy-notice/, (the “Privacy Policy”), which is incorporated into these Terms of Use by reference.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website or the Mobile Services (“Specific Terms”). If there is a conflict between these Terms of Use and any applicable Specific Terms, the applicable Specific Terms will control with respect to the conflicting subject matter.

Please read these Terms of Use, any applicable Specific Terms and the Privacy Policy carefully before accessing or using the Website, the Mobile Services or the Content. By accessing or using the Website, the Mobile Services or the Content, you agree to these Terms of Use and any applicable Specific Terms and you consent to our collection and use of your personally identifiable information as described in the Privacy Policy. If you do not agree to these Terms of Use and any applicable Specific Terms and consent to our collection and use of your personally identifiable information as described in the Privacy Policy, you must exit the Website and the Mobile Services immediately and discontinue all use of the Content.

Unless otherwise specified herein, in any applicable Specific Terms or in the Privacy Policy, the terms, conditions and notices that are applicable to the Website are equally applicable to the Mobile Services.

1. Revisions to these Terms of Use and the Privacy Policy

Custom Consortium may update these Terms of Use and the Privacy Policy at any time without prior notice to you. You can determine when these Terms of Use and the Privacy Policy were last updated by referring to the “Last Updated” notation at the top of these Terms of Use and the Privacy Policy. Any updates will become effective when we post the updated version of these Terms of Use or the Privacy Policy on the Website. Your continued access to and use of the Website or the Content after we post an updated version of these Terms of Use or the Privacy Policy signifies your acceptance of the updated version.

2. Termination of these Terms of Use

Custom Consortium may, without notice to you, immediately terminate these Terms of Use and deny you access to and use of the Website and the Content if you breach these Terms of Use or engage in conduct that Custom Consortium, in our sole discretion, believes is in violation of any applicable law or is harmful to Custom Consortium or any other users of the Website. If these Terms of Use are terminated, you will no longer be authorized to access or use the Website or the Content, but you will remain subject to Sections 4, 14, 16, 17 and 20 of these Terms of Use.

3. Compliance with Applicable Laws

You must comply with all laws that are applicable to your access to and use of the Website, the Content and any orders that you place through the Website.

4. Permitted Use; Intellectual Property

The Website and the Content are the property of Custom Consortium and/or our licensors and are protected by patent, copyright and other intellectual property laws. You may only access and use the Website and the Content in accordance with these Terms of Use or with Custom Consortium’s prior written consent. Custom Consortium grants you no other privileges or rights with respect to the Website and the Content and you must keep intact all patent, copyright and other proprietary notices on the Website and the Content. The Content owned by Custom Consortium’s licensors may be subject to additional restrictions.

As a condition to your access to and use of the Website and the Content, you warrant to Custom Consortium that you will not use the Website or the Content for any purpose that is unlawful or prohibited by these Terms of Use.

Unless otherwise specified herein or in any applicable Specific Terms, the Website and the Content are for your personal and non-commercial use. You must not (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer or sell the Content other than for your use of the Website as expressly permitted in these Terms of Use; (b) access or attempt to access any systems or servers on which the Website is hosted or modify or alter the Website in any way; (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of the Content; or (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website.

You may display and, subject to any expressly stated restrictions or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content solely for your personal and non-commercial use. Any other use of the Content, including the modification, reproduction, distribution, republication, display or transmission of the Content, without Custom Consortium’s prior written permission is strictly prohibited.

All trademarks, service marks, trade names and trade dress, whether registered or unregistered, that appear on the Website (collectively, the “Marks”) are proprietary to Custom Consortium and our licensors. You must not remove or otherwise modify any trademark notices from the Content and you may only use the Marks with Custom Consortium’s prior written consent. Any use of the Marks that we approve must not be in a manner that is likely to cause confusion or disparage or discredit Custom Consortium, our licensors or the Website.

5. Procedure for Making Claims of Copyright Infringement

Custom Consortium respects the intellectual property rights of others and we ask you to do the same. Pursuant to 17 U.S.C. Section 512(c)(2), notifications of alleged copyright infringement should be sent to the Website’s designated agent in accordance with the procedure below. ANY NOTIFICATIONS NOT COMPLYING WITH THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

Custom Consortium will process and investigate notifications of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying with the procedure below, Custom Consortium will act to remove or disable access to any Content found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement, please notify Custom Consortium by sending an email with the following information to Admin@CustomConsortium.com:

  • your physical or electronic signature or the physical or electronic signature of a person who is authorized to act on your behalf;
  • a description of the copyright-protected work that you claim has been infringed;
  • a description of the Content that you claim is infringing, including where it is located on the Website;
  • your address, telephone number and email address and all other information reasonably sufficient to permit Custom Consortium to contact you;
  • a statement that you have not authorized the use of your copyright-protected work or, if a person is acting on your behalf, a statement by such person that he or she has a good faith belief that the disputed use is not authorized by you, your agent or the law;
  • a statement, made under penalty of perjury, that you are the exclusive owner of the copyright-protected work or, if a person is acting on your behalf, a statement, made under penalty of perjury, that such person is authorized to act on behalf of the owner of the exclusive copyright that allegedly has been infringed; and
  • a statement that the information in the notice is accurate.

6. Access and User Accounts

If you choose to register with the Website, you will be asked to provide certain information, including certain personally identifiable information (“Personal Information”). You agree that the information you provide, including Personal Information, will be truthful and that you will not impersonate any third party in providing such information. We will handle any Personal Information which you provide to us in accordance with the terms of the Privacy Policy. You are not required to provide any Personal Information to us, but if you choose not to provide us with any Personal Information your ability to access and use certain resources available on the Website may be limited.

If you choose, or are provided with, a user name, password or any other security codes or questions (“User Codes”) as part of our security procedures, you agree to keep your User Codes strictly confidential and not to disclose your User Codes to any other person. We ask that you immediately notify us if you become aware of any unauthorized access to or use of your User Codes or any other actual or potential breach of security. You should use particular caution when accessing your account from a public or shared electronic device so that others do not view or record your User Codes or Personal Information. We reserve the right to suspend or terminate any of your User Codes at any time in our sole discretion and for any reason, including for any violation of these Terms of Use.

7. Third-Party Websites

The Website may contain links and widgets related to third-party websites and services, such as social media networks, with which we have no affiliation (the “Third-Party Websites”). We do not endorse the Third-Party Websites or the quality or accuracy of the information presented on them. If you decide to visit the Third-Party Websites, you will be subject to their terms of use and privacy policies and not these Terms of Use or the Privacy Policy. We encourage you to carefully review the terms of use and privacy policies on all of the Third-Party Websites that you visit.

8. Social Media Accounts

Facebook: https://www.facebook.com/customconsortium
Instagram: https://www.instagram.com/customconsortium
Twitter: https://www.twitter.com/customconsortiu

9. Brand Policies

Each order that you place through the Website will be subject to the applicable Brand’s policies, including that Brand’s policies regarding the production of its customizable goods, shipping rates and times and returns. We will make all such policies available to you for review and acceptance prior to placing an order.

10. Submissions

If you submit any suggestions or materials, including any ideas, comments or the like, to Custom Consortium through the Website (collectively, “Submissions”), such Submissions will be treated as non-confidential and non-proprietary and Custom Consortium is free to use such Submissions for any purpose, including to develop, manufacture and market products and services using such Submissions and to edit, alter, broadcast, post, publish, copy, disclose, distribute, incorporate and otherwise use such Submissions on the Website and on any other websites owned or operated by Custom Consortium as well as at brick and mortar store locations owned or operated by Custom Consortium without limitation and without compensating you. Furthermore, by submitting Submissions, you are giving up all intellectual property rights you have therein, including any moral, publicity and privacy rights.

11. Prices, Orders and Process

Customers will design products on the website. Every brand will demonstrate its product and price in a slightly different way. The website’s configurators are not photo-realistic, and final products may be different than these digital representations. Customers will refer to brand imagery throughout the website for a more detailed understating of materials and options.
Once the customer orders the product, CC will then send the order to the brand. The brand will then produce and ship their product directly the customer, according to the policies that are stated on the website.

12. Policy Overrides

In certain scenarios, a brand’s policies can be overridden by Custom Consortium’s policies.

13. Communication Remains Between Custom Consortium and You

Any communications arising from the sales and support process of a Custom Consortium product must remain between those parties, and the brand where necessary, but only at Custom Consortium’s discretion. The customer is not to communicate directly with the brand, and must only do so via Custom Consortium.

14. Disclaimers and Limitation of Liability

The Website and the Content are not intended for anyone under the age of thirteen. Accordingly, we do not filter advertisements or other Content that such individuals may view through the Website.

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS.” THE CUSTOMIZABLE GOODS SOLD THROUGH THE WEBSITE ARE SUBJECT SOLELY TO THE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM CONSORTIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE CONTENT AND THE CUSTOMIZABLE GOODS SOLD THROUGH THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOM CONSORTIUM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR SECURE FROM UNAUTHORIZED ACCESS OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURE FROM UNAUTHORIZED ACCESS. CUSTOM CONSORTIUM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE CONTENT IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO EVENT WILL CUSTOM CONSORTIUM OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF CUSTOM CONSORTIUM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY CUSTOMIZABLE GOODS SOLD THROUGH THE WEBSITE, ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, UNAVAILABILITY OF THE WEBSITE OR THE CONTENT OR NONPERFORMANCE OF THE WEBSITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL CUSTOM CONSORTIUM’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE EXCEED TEN DOLLARS ($10). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.

15. Mobile Services

[If you elect to access or use any of the Mobile Services, Custom Consortium may send messages to your mobile device and Custom Consortium may receive certain information about your usage of the Mobile Services.]

16. Indemnification

You agree to indemnify, defend and hold harmless Custom Consortium and our officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use, your access to or use of the Website or the Content or any orders that you place through the Website.

17. Governing Law

These Terms of Use and any action or claim arising out of or relating to these Terms of Use, your access to or use of the Website, the Content or any orders that you place through the Website will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any such action or claim must be commenced within one (1) year after the action or claim arises. Jurisdiction over and venue in any such action or claim will be in the state or federal courts located in California

18. Modifications to the Website

Custom Consortium reserves the right to modify, suspend or discontinue the Website, in whole or in part, at any time without notice to you.

19. Notices

Except with respect to notices of alleged copyright infringement, which must be submitted as described in Section 5 of these Terms of Use, and unless explicitly stated otherwise on the Website, you must provide all feedback and notices to Custom Consortium via email at Admin@CustomConsortium.com.

Custom Consortium may provide notice to you hereunder by posting announcements on the Website.

20. Miscellaneous

These Terms of Use constitute the entire agreement between you and Custom Consortium with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Custom Consortium with respect to such subject matter. Custom Consortium’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law in any jurisdiction, such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of that or any other provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.

We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.

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