Introduction
Welcome to our website, thakoon.shop!
These Terms and Conditions (“Terms”) govern your use of our website and any related services provided by Thakoon® Clothing, Dress, Sweater (“Thakoon”, “we”, “us”, or “our”). Please read these Terms carefully before using our website. By accessing or using thakoon.shop (“Website”) or purchasing our products or services, you agree to be bound by these Terms as well as our Privacy Policy. If you do not accept all of these Terms, please do not use this Website or purchase our products or services.
We may modify these Terms at any time, and such modification will be effective immediately upon posting the modified Terms on this Website. Your continued use of this Website after any modification constitutes your acceptance of the modified Terms. You should periodically review these Terms to stay informed of any changes.
Use of Website
You may use our Website for your personal, non-commercial use only. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any content obtained from our Website, except for the following:
- Your computer may temporarily store or cache copies of materials being accessed and viewed.
- You may print a reasonable number of pages for your own personal, non-commercial use.
- You may refer others to the Website by sharing its URL, subject to the restrictions in these Terms.
You agree not to:
- Use our Website or services in any way not expressly permitted by these Terms or the Website itself.
- Copy, translate, modify, create a derivative work of, reverse engineer, decompress, disassemble or decompile any portion of the Website. This includes but is not limited to any software, HTML, JavaScript, or other code contained in the Website.
- Interfere with, damage, disable, overburden, or impair any aspect of the Website, including but not limited to servers, networks, accounts, computer systems, bandwidth, or security features.
- Transmit spam, chain letters, phishing schemes, scams, malware or any other harmful information or code.
- Use any robot, spider, scraper or other automated means to access or use our Website for any purpose without our express written permission.
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our servers or infrastructure.
- circumvent or attempt to circumvent any encryption, rights management, or security features we use to protect the Website or its contents; or
- encourage or assist others in violating any restriction in these Terms.
We reserve the right to terminate or restrict your access to our Website if you violate these Terms or engage in any illegal or fraudulent use of the Website, with or without notice to you.
Intellectual Property Rights
The visual interfaces, graphics, design, compilation, information, data, computer code, products, software (including any downloadable software), services, and all other elements of the Website (“Materials”) provided by us are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and proprietary rights.
All Materials contained in the Website are the property of Thakoon or our third party licensors. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, resell or distribute in any way whatsoever any Materials from the Website without our prior written permission. You may, however, display, download, or print Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices displayed on the Materials.
The Thakoon name and logo and all related product and service names, design marks and slogans displayed on the Website are the trademarks and service marks owned by and used under license from Thakoon (collectively, the “Trademarks”). You may not use or display any Trademarks owned by Thakoon without our prior written consent.
User Content
If you submit, upload, transmit, publish or display any content, such as comments, reviews, forum posts, creative works, photographs, or other information on or through this Website (“User Content”) , you grant us a worldwide, royalty-free, perpetual, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, store, and create derivative works from such User Content, in whole or in part, in any format or medium now known or hereafter developed.
Please do not submit or post any User Content that is unlawful, defamatory, threatening, abusive, harassing, harmful, hateful, racially, culturally or ethnically offensive, obscene, sexually explicit, invasive of privacy or publicity rights, infringing on intellectual property rights, otherwise objectionable, or that contains viruses, political campaigning, advertising or solicitation of any kind. We reserve the right to remove any User Content submitted to the Website at our discretion and without notice to you.
By submitting User Content via the Website, you represent and warrant that you own or have all necessary legal rights to the User Content you submit, and authorize us to use such User Content in accordance with these Terms.
Third Party Content and Links
The Website may contain content from third party licensors, syndicators, aggregators, and other third party sources that are licensed to us (“Third Party Content”). All statements and opinions in Third Party Content, as well as any other third party-generated content accessible on or linked to from the Website, are solely the opinions and responsibility of the person or entity providing such content and do not necessarily reflect our opinions. Third Party Content does not constitute our endorsement of information, products or services contained in such Third Party Content.
The Website may contain links to third party websites that are not under our control (“Third Party Sites”). Third Party Sites are governed by their own terms of use and privacy policies. We are not responsible for the content, practices, or policies of any Third Party Site. Links to Third Party Sites do not constitute our endorsement of the Third Party Site or any products or services provided on such sites. Your access and use of Third Party Sites is at your own risk.
Purchases and Payments
If you wish to purchase products or services as offered on the Website (“Products”) or register for an event, you may be asked to provide certain information relevant to your purchase, including your credit or debit card number, billing address, shipping address, phone number, email address, and other related information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD UTILIZED IN CONNECTION WITH ANY PURCHASE ON THE WEBSITE.
By submitting your purchase order, you authorize us to charge the amount to the credit or debit card provided as well as shipping and handling charges and any applicable taxes or other charges related to the purchase. If payment is not received by us from your credit or debit card issuer, you agree to pay all amounts due upon demand.
All descriptions, images, references, features, content, specifications, products, and prices of Products described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions may be approximate and Products may vary from such description. It is your responsibility to ascertain and verify the specifications, features, and functionalities of any Products prior to purchasing.
We reserve the right to refuse to process any purchase for any reason at our sole discretion. We reserve the right to limit or prohibit purchases that appear to be placed by dealers or resellers.
Refund Policy
All purchases of Products are final and non-refundable. If you believe an incorrect charge has been applied to your payment method, please contact us immediately at [email protected]. We will review your claim and issue refunds at our sole discretion.
For any cancelled events for which you have already paid, you will receive a full refund of the registration fee. Refunds may take 5-10 business days to process once we receive notice of the cancellation.
Disclaimer of Warranties
THE WEBSITE AND ALL MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE WEBSITE, AND ACCESS TO THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE DO NOT GUARANTEE THAT ANY CONTENT WILL BE COMPLETELY SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS OR THIRD PARTY INTERFERENCE.
YOU ASSUME ALL RISK OF LOSS AND DAMAGE DUE TO YOUR ACCESS AND USE OF THE WEBSITE AND YOUR RELIANCE THEREON. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THAKOON OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, AND ANY THIRD PARTY CLAIMS.
THIS APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST YEAR.
THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Thakoon and our licensors, service providers, subsidiaries, affiliates, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any intellectual property right or publicity right; or (iii) any claim that your User Content caused damage to another party. This defense and indemnification obligation will survive termination of these Terms.
Privacy Policy
Please review our Privacy Policy to understand our information collection, use, and disclosure practices associated with your access and use of the Website.
Copyright Complaints
We respect the intellectual property rights of others. If you believe your copyrighted work has been reproduced on the Website in a way that constitutes infringement, please notify us at [email protected].
Governing Law and Jurisdiction
All matters relating to your access or use of the Website and these Terms will be governed by the laws of the United States and the State of New York. Any legal action or proceeding relating to your access or use of the Website or these Terms will be brought exclusively in the federal or state courts located in New York County, New York, and you hereby irrevocably consent to the personal jurisdiction and venue therein.
General Provisions
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Thakoon as a result of these Terms or your use of the Website. Our failure to enforce any provision of these Terms will not constitute a waiver of that or any other provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between you and Thakoon regarding your access and use of the Website and supersede any prior agreements. Any additional or conflicting terms supplied by you shall have no legal force or effect.
Contact Us
If you have any questions or concerns regarding the Website or these Terms, please contact us at:
Thakoon® Clothing, Dress, Sweater
Attn: Legal
123 Thakoon Lane
New York, NY 10001
Email: [email protected]