General

These General Terms and Conditions of Use (“Terms”) are entered into by and between you and ButterfliesWear. In consideration of your use of and access to this Internet website (“ButterfliesWear website”) and the promises and obligations herein, and intending to be legally bound, you and ButterfliesWear hereby agree that your access to and use of the ButterfliesWear website is subject to these Terms, as well as any modifications issued by ButterfliesWear to these Terms, and all applicable laws and regulations. If you do not want to be bound by these Terms, do not use the ButterfliesWear website. Among other things, ButterfliesWear provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by ButterfliesWear in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the ButterfliesWear website contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

Our Products

ButterfliesWear attempts to be as accurate as possible in its product descriptions. However, ButterfliesWear does not warrant that product and price descriptions or other content of this site are accurate, complete, reliable, current, or error-free.

Change in Terms

ButterfliesWear shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the ButterfliesWear website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the ButterfliesWear website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by ButterfliesWear to these Terms. No modification to these Terms by any party other than ButterfliesWear shall be valid or enforceable against ButterfliesWear unless expressly agreed to by ButterfliesWear in a writing and signed by a duly authorized officer of ButterfliesWear.

Disclaimer

ButterfliesWear provides this website and its contents without any representations or warranties, express or implied, including but not limited to warranties or conditions of title, implied warranties of merchantability or fitness for a particular purpose, and non-infringement. Although ButterfliesWear believes that the content is accurate, complete, and current, ButterfliesWear does not represent or warrant that the information accessible on this website is accurate, complete, or current. Pricing and availability information is subject to change without notice.

In no event shall ButterfliesWear be liable for special, indirect, exemplary, or consequential damages or any damages (collectively, “Damages”), including but not limited to loss of use, data or profits, without regard to any form of action, including but not limited to without limitation, contract, negligence or other tort arising out of or in connection with the use, reproduction or display of the content of this website. Some jurisdictions do not allow the limitation of implied warranties or the exclusion of certain types of liability for damages. So the above limitation or exclusion may not apply to you, in whole or in part.

In order to provide our customers with the latest information, ButterfliesWear will from time to time make changes to the content and products or services described on this website.

You agree to indemnify ButterfliesWear against all known and unknown claims, demands, and damages (actual and consequential) of all kinds and nature, including reasonable attorneys’ fees, costs, expenses, or damages, and your defense of such claims and hold harmless from damages arising out of or in connection with your breach of the representations and warranties set forth herein, or your breach of any law or third party rights.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the ButterfliesWear website and your purchase of items from ButterfliesWear (if applicable) on the ButterfliesWear website.

Termination

This Agreement is effective unless and until terminated by either you or ButterfliesWear. You may terminate this Agreement at any time. ButterfliesWear also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in ButterfliesWear’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ButterfliesWear, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Modifications to the Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use or access to our Site or Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Behavioral Restrictions/Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, you may not use the Site or its contents to:

(a) for any unlawful purpose;

(b) solicit others to do or participate in any illegal activity;

(c) violate any international, federal, provincial or state statute, rule, law or local ordinance;

(d) infringe or violate our intellectual property rights or those of others;

(e) on the basis of gender, sexual orientation, religion, religion, race, ethnicity, age, national origin, ethnicity, age, nationality or disability;

(f) harass, abuse, insult, harm, defame, libel, slander, intimidate or discriminate;

(g) submit false or misleading information;

(h) upload or transmit viruses or any other type of malicious code which is or may be used in any way which affects the functionality or operation of the Services or any related website, other website or the Internet;

(i) collect or track personal information about others;

(j) spam, phishing, phishing, excuses, spidering, crawling or scraping;

(k) for any obscene or immoral purpose;

(l) Interfere with or circumvent the security features of the Services or any Related Site, other sites or the Internet.

We reserve the right to terminate your use of the Service or any related website for your violation of any prohibited use.

Third-Party Link

Our Services may contain materials, products and services from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating such content or accuracy, and assume no responsibility or liability for any third-party materials, websites or other materials, products or services. We are not responsible for any damage or injury in connection with the purchase or use of goods, services, resources, content, or any other transaction or conduct in connection with any third-party site. Before entering into any transaction, please carefully review the third party’s policies and practices and make sure you understand them.

Respecting Intellectual Property Rights

ButterfliesWear acknowledges and respects the intellectual property rights of third parties. We respond promptly to allegations of distribution of protected material through the ButterfliesWear platform. If you believe that material on the ButterfliesWear platform infringes your rights, please notify us via email at service@butterflieswear.com.

Digital Millennium Copyright Act (DMCA) Notice

For allegations of copyright infringement under the Digital Millennium Copyright Act (DMCA), please see the DMCA notice below.

Notification of Alleged Copyright Infringement

If you believe that your work has been copied and made available through the Platform in a way that constitutes copyright infringement, you may send ButterfliesWear a written document containing the following information (“Notice”):

  • A description of the copyrighted work that you claim has been infringed.
  • Identification of the URL or other specific location of the material that contains the copyright that you claim has been infringed.
  • An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner.
  • A statement by you that the information contained in your notice is accurate and that you certify under penalty of perjury that you are the copyright owner.
  • Your name, mailing address, telephone number, and email address.

Things to Consider Before Filing a Copyright Complaint

Please note that under 17 USC §512(f), you may be liable for any damages if you knowingly misrepresent that the material or activity is infringing.

Counter-notice Procedure

 A user who receives a copyright infringement Notification may make a counter-notification. To file a counter-notification, you must provide a written communication that sets out the information specified in the list below:

  • Identification of the material that has been removed or to which access has been restricted.
  • Information reasonably sufficient to permit us to contact you.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake.
  • A statement that you consent to the jurisdiction of the federal district court.
  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Please note that you may be liable for damages if you knowingly misrepresent that the material or activity is not infringing. ButterfliesWear reserves the right to take no action upon receipt of a counter-notification. The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.