TERMS & CONDITIONS
OF USE AND PRIVACY POLICY
Mestif, LLC (collectively "us" or "we"),
is the operator of the website (the "Site"). This
document sets forth the terms and conditions ("Terms
and Conditions") governing your use of the Site and
our privacy policy (the "Policy"). The Terms and
Conditions and Policy apply only to this Site and do not
apply to websites that are linked to the Site. For access
to the terms and conditions or privacy policies of linked
websites, please refer to the home pages of such websites.
The Terms and Conditions and Policy are subject to change
at any time by us by posting them on the Site. It is your
obligation to review the Terms and Conditions and Policy
from time to time. Any changes to the Terms and Conditions
or Policy will be effective immediately upon posting to
the Site.
Your use of the Site indicates your acceptance of these
Terms and Conditions and the Policy. If you do not accept
these Terms and Conditions or the Policy, you may not use
the Site. Your continued use of the Site will constitute
your agreement to the most current version of these Terms
and Conditions and the Policy. If at any time you do not
agree to these Terms and Conditions or the Policy, you must
cease your use of this Site. If after reviewing the Terms
and Conditions and Policy you have any questions or concerns
regarding the contents thereof, please contact us by sending
an email.
TERMS & CONDITIONS OF USE
These Terms and Conditions govern your use of the Site
and the information and services made available on and through
the Site.
I. TERMINATION OF ACCESS
The use of this Site and its services is a privilege. We
reserve the right to suspend your use of this Site for any
reason at any time, in our sole discretion.
II. DEFINITIONS
For the purposes of these Terms and
Conditions, the following definitions apply:
"Content" includes all Text,
Graphics, Design and Programming used on the Site.
"Text" includes all text
on every page of the Site, whether editorial, navigational,
or instructional.
"Graphics" includes all logos,
buttons, and other graphical elements on the Site, with
the exception of paid advertising banners.
"Design" includes the color
combinations and the page layout of the Site.
"Programming" includes both
client-side code (including but not limited to HTML, JavaScript,
etc.) and server-side code (including but not limited to
Active Server Pages, VBScript, databases, etc.) used on
the Site.
"User" refers to any individual
who uses any aspect of the Site or its services.
"You" refers to the person
accessing the Site and agreeing to these Terms and Conditions.
III. INTELLECTUAL PROPERTY RIGHTS
All Contents on the Site is the sole
property of ("") or its respective owners, as
indicated, and is protected by U.S. copyright and international
treaties. authorizes you to view and download a single copy
of the Content on the Site solely for your personal, noncommercial
use. You may not reproduce, modify, display, sell, or distribute
the Content, or use it in any other way for public or commercial
purpose. The foregoing limitations include, but are not
limited to, copying or adapting the HTML code used to generate
web pages on the Site, as well as any Graphics.
The "look" and "feel"
of the Site (including color combinations, button shapes,
layout, design and all other graphical elements) are also
protected by U.S. copyright law. All product names, names
of services, trademarks and service marks ("Marks")
are the property of or the property of their respective
owners, as indicated. You may not use the Marks for any
purpose whatsoever other than as permitted by these Terms
and Conditions.
IV. ACCEPTABLE USE OF THE SITE
The Site and its services are intended to facilitate the
offering for sale of clothing and products of third parties.
The Site may be used in a manner consistent with this purpose,
and only within the context of the products, services and
information set forth on the Site. The information displayed
on the Site may not be used for any purpose except in connection
with your direct use of the Site as permitted by these Terms
and Conditions, and may not be excerpted, summarized, duplicated
or otherwise removed from the Site. In addition, you represent,
warrant and agree that you will not use (or plan, encourage
or help others to use) the Site for any purpose or in any
manner that is prohibited by these Terms and Conditions
or by applicable law. Your use of the Site is also subject
to the following restrictions:
a. You may not send unsolicited commercial
email to Users. In addition, spam, chain emails, advertising
solicitations and similar email solicitations are expressly
prohibited;
b. You may not delete, edit or revise
any material posted by any other person or entity. You may
not copy, duplicate, download or otherwise use any material
posted by any other person or entity except for the purposes
permitted by these Terms and Conditions.
c. You may not interfere with the proper
operation of the Site including, but not limited to, by
attacking, hacking into, or otherwise attempting to penetrate
any non-publicly accessible elements of the Site, through
the use of bots, Trojan Horses, viruses, DNS attacks, or
other technology which is designed or intended to interfere
with the proper operation of the Site or the use of the
Site by any Users.
V. LIMITATIONS ON INFORMATION SUBMITTED
Any submission of information to us
through the Site is subject to the following guidelines
and restrictions:
a. It may not contain URLs or links
to any Internet Web sites (To advertise your company or
Web site, contact our Sales department);
b. It may not contain copyrighted material
(unless you own the copyright or have the owner's permission
to post the copyrighted material);
c. It may not contain trade secrets
(unless you own them or have the owner's permission to post
them);
d. It may not contain material that
infringes on the intellectual property rights of others,
including but not limited to, copyright, trademark, patent,
or trade secret rights;
e. It may not contain material that
is sexually explicit, obscene, libelous, defamatory, threatening,
harassing, abusive, or hateful;
f. It may not contain information that
is known by you to be untrue, false or misleading or which
does not fairly or accurately depict or describe the subject
matter which is the subject of the information posted by
you;
g. It may not present information which
impersonates another person, whether living or dead, misstate
the identity of any person, or misstate or mislead as to
gender or age;
h. You may not solicit money, investments
or make any offering of securities or investments;
i. You may not submit chain letters
or pyramid schemes;
j. You may not submit opinions or notices,
commercial or otherwise;
VI. MONITORING OF INFORMATION
We do not assume any obligation to review the accuracy,
completeness, truthfulness or content of any information
submitted to the Site. User assumes the risk of verifying
the accuracy of information posted through independent investigation.
Notwithstanding, we may in our discretion review information
submitted to the Site for any purpose whatsoever and we
reserve the right, in our sole discretion, to reject any
information submitted to the Site for any reason whatsoever.
VII. RIGHTS TO INFORMATION
User hereby grants to us an irrevocable, perpetual, worldwide
right and license to use and display all information submitted
by you, subject to our Privacy Policy.
VIII. SECURITY RULES
To ensure the security of the Site and of Users, the following
security rules govern your use:
a. Protect Your Password
You are responsible for maintaining the confidentiality
of your information and password, and you are responsible
for all uses of your registration, whether or not authorized
by you. In the event you lose your password or become aware
of misuse or unauthorized use of your password, it is your
obligation to immediately notify us. We shall have no responsibility
for loss or misused passwords or for unauthorized access
occasioned by the foregoing.
b. Prohibited Uses:
(i) Accessing data not intended for
you or logging into a server or account which the you are
not authorized to access;
(ii) Attempting to probe, scan or test
the vulnerability of a system or network or to breach security
or authentication measures without proper authorization;
(iii) Attempting to interfere with
service to any User, host or network, including, without
limitation, via means of submitting a virus to the Site,
overloading, "flooding", "mailbombing"
or "crashing";
(iv) Sending unsolicited e-mail, including
promotions and/or advertising of products or services;
(v) Forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup
posting.
Violation of these security rules may
result in civil or criminal liability in addition to the
termination of your access rights. We will investigate occurrences
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who
are involved in such violations.
IX. TERMINATION OF ACCESS TO THE SITE
Users who violate these Terms and Conditions may be denied
access to the Site at our sole discretion.
X. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your agreement to the following disclaimers and limitations
are a material inducement for us to permit you to access
the Site. Your use of the Site, and the obligations and
liabilities of us in respect of your use of the Site, is
expressly limited as follows:
a. Conduct of Users
We assume no responsibility for the activities or conduct
of Users.
b. Third Party Information
The Site displays the content, services, products or hyperlinks
of other companies or persons. Notwithstanding the presentation
of any third party information on the Site, no such presentation
shall be considered an endorsement, representation or warranty,
either express or implied, by us on behalf of any third
party. In addition, we do not endorse, warrant or otherwise
guarantee the substance of any information posted by Users
or third parties on the Site. We shall have no liability
or responsibility whatsoever for the content, subject matter
or substance of any information accessed or obtained from
third party websites accessed from the Site. Access to third
party websites from the Site is done at your own risk. We
do not warranty any products purchased through the Site
or purchased in reliance on information obtained from the
Site. Warranties on purchased products, if any, are provided
by the product's manufacturer.
c. Accuracy of Information
We make no representations or warranties regarding the
truthfulness, accuracy, completeness, timeliness or reliability
of any information submitted by Users, or of any other form
of communication engaged in or information exchanged by
Users. Information on the Website may contain inaccuracies
or typographical errors. You acknowledge that any reliance
on information submitted by Users or on any other form of
communication with Users will be at your own risk.
d. DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY
WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND
IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT
OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
e. Indemnification
You agree to indemnify, defend and hold us harmless from
and against any and all liability, claims, causes of actions,
damages, costs and expenses, including but not limited to,
attorneys fees and costs of suit, arising out of your breach
of these Terms and Conditions.
PRIVACY POLICY
We are committed to protecting your privacy and the security
of all data on the Site. To demonstrate this commitment,
we have adopted this Policy. This Policy is based on the
principles of notice/awareness, choice/consent, access/participation
and integrity/security in the collection and use of all
information regarding our users and their activities on
the Site.
I. NOTICE OF OUR POLICY
This Policy notifies you of, among other things: (i) what
information we gather from you, (ii) how we may use or disclose
that information, (iii) with whom the information may be
shared, (iv) what choices are available to you regarding
collection, use and distribution of the information, (v)
our efforts to protect the information, and (vi) how you
can correct any inaccuracies in the information you provide
to us.
II. WHAT TYPES OF INFORMATION ARE COLLECTED AND WHY
a. Information submitted by you
At times, we may ask you to provide information about yourself
in order to better serve you. For example, some of the information
collected may include name, title, address, phone number,
email address, and personal information concerning your
interests, occupation, gender and other demographic information.
We do not require this information to obtain access to any
area of our Site, however, you are required to create a
new account or login as a registered user prior to ordering
any products on our Site. If you wish to correct or remove
your account information please follow the procedures set
forth below in the section titled "Can I Update or
Remove My Account Information?"
b. Information collected by Cookies
We also make use of website "cookies" to help
you use our services more easily and to help us continuously
improve our Site and our service to you. A "cookie"
is a small data file that a website can send to your browser,
which may then be stored on your computer to help our Site
"remember" information about you to make it easier
and more efficient to use our Site. Our Site employs session
cookies. A session cookie does not remain on your computer
after you close your web browser window. Our session cookies
contain none of your personal information and cannot be
used to track you around the internet. Our session cookies
can only be used by this Site and they only exist for the
duration of your visit. Depending on the settings in your
browser, you may have the option to deny the session cookie;
however, doing so may negatively impact upon the performance
of the Site or restrict us in better serving your needs
and interests. The "help" portion of the toolbar
on most browsers will tell you how to prevent your browser
from accepting new cookies, how to have the browser notify
you when you receive a new cookie, or how to disable cookies
altogether.
c. Policy on Information from Persons under the Age of
18
We do not seek to collect personally identifiable information
from persons under the age of 18. If you are under the age
of 18, please do not submit any personally identifiable
information to us. If you are the parent or guardian of
a person under the age of 18 who has provided personally
identifiable information to us, please inform us by contacting
us at the email address or telephone number listed above
and we will remove such information from our database. If
you are concerned about your children's use of the Site,
you may use web filtering technology to supervise or limit
access to the Site.
III. HOW IS MY INFORMATION USED?
a. User Identification
We may retain this information on a secure server so that
on re-visiting our Site, you will not need to re-enter that
information. We may use this information in an aggregated
form to measure number of visits, average time spent on
the Site, pages viewed, and other relevant statistics. We
collect this information to measure the use of our Site
and to improve the content of our Site.
b. Contacting You Concerning Promotions and New Products
We may request you to "opt-in" to receive certain
communications from the Site. We will not send unsolicited
messages to you concerning promotions or new products or
other marketing material unless you have opted-in. If, after
you have opted-in, you no longer wish to receive such communications
from us please follow the procedures set forth below in
the section titled "How Can I "Opt-out" of
Receiving e-mail Communications." Please note that
your request to stop receiving these communications may
not prevent us from sending such messages that were generated
prior to the time we were able to process your request.
c. Use of Your Information
At times, we may request you to provide personally identifiable
information to identify you as a user of the Site and to
assist and speed the completion of transactions on the Site.
We may also use information collected about your preferences
and activities at the Site, such as the particular pages
you request at the Site and purchases or other transactions
you effect through the Site. We may vary the content you
receive in future visits to the Site based on your preferences
and activities.
d. Disclosure of Your Information
We will not disclose your personally
identifiable information to any persons or entities outside
of our company, nor lease, license, sublicense, rent, transfer,
disclose, disseminate or otherwise grant access to such
information unless:
(i) You have been given an opportunity
to "opt-in" and have agreed to so opt-in to such
disclosure of your information;
(ii) We must share your information
in order to provide a product or service that you have ordered
or requested, in which case we will require that any third
person or entity we use to fulfill your order agrees that
it does not have the right to use your information other
than to fulfill your order or request; or
(iii) We are required to respond to
subpoena, court orders or other requirement of law which
requires disclosure of your information.
e. Disclosure of Aggregate Information
We may combine your personally identifying information
and information about your preferences and activities, with
those of all or a particular group of our users to prepare
collective profiles of our users and their activities for
our internal use. For example, we may track the number of
our users who view certain pages or use certain features
or compile the total dollar amount of sales conducted through
the Site in a particular geographic region or to track purchasing
trends. Such information, and other information we derive
from individual users' information, allows us to continue
to grow and provide you with quality information through
more accurate marketing and advertising of the Site. We
may share aggregated information concerning our users, without
attribution of personal information, to other companies
with whom we conduct business.
f. How Can I "Opt-out" of Receiving e-mail Communications?
We permit you to opt-out of receiving certain communications
from the Site. We will not send unsolicited messages to
you if you indicate that you do not wish to receive such
messages. If you do not wish to receive unsolicited email
messages from us, please access the "mailing preferences"
section of the Site and adjust your mailing preferences
from the "yes" to the "no" option. If
you do not want your personal information used as otherwise
detailed in this Privacy Policy, then you must not use the
Site.
g. Can I Update or Remove My Account Information?
After you have registered for membership on the Site, you
may review, revise or request the removal of your account
information at any time. There are three ways in which you
can review, revise or request the removal of your account
information at any time: (i) access the "My Account"
section of the Site and proceed as prompted; (ii) send an
email to ; or (iii) telephone us at .
IV. WHAT WE DO TO KEEP THIS SITE SECURE
a. Security
We employ procedural and technical
safeguards to secure your personal information against loss,
theft, alteration, and unauthorized access, use and disclosure.
Any information you enter on our accounts setup page is
encrypted before transmission to our server by using 128-bit
Secure Sockets Layer encryption software. You can safely
enter your credit card and personal registration information
once requested and it cannot be read in transit to our server.
We also employ many security procedures to protect your
information from unauthorized access by users inside and
outside the company.
Regardless of the precautions taken
by us we cannot ensure or warrant the security of any information
you transmit to us, and you transmit such information at
your own risk.
What You Can Do To Protect Your Information?
(i) Use only secure websites when disclosing
your information. Secure pages begin with "https".
(ii) Avoid using easy to figure out
access and personal ID (PIN) codes.
(iii) Never respond to unsolicited
requests for your social security number or financial information.
(iv) Do not disclose your passwords
to the Site or your account information to any other person.
(v) Be sure to sign off when finished
using a shared computer.
b. Hypertext Links
Our Site may contain "links" to other websites,
and we cannot and are not responsible for maintaining your
privacy once you leave our Site. We attempt to only link
to websites that share our high standards and respect for
privacy. If you provide any information to parties who operate
websites that are linked to or from this Site, different
rules may apply to their collection, use or disclosure of
your personal information. We encourage you to review other
websites' policies before revealing any sensitive or personal
information. Under no circumstances shall we have any liability
whatsoever for the activities conducted by or at any website
accessed from or through the Site.
GENERAL
I. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS
PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS
ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN
THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES
SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID
BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.
II. MISCELLANEOUS
The Terms and Conditions and Policy are governed by the
internal substantive laws of the State of New York in the
United States, without regard to its conflict of laws principles.
Jurisdiction for any claims arising under or out of the
Terms and Conditions or Policy shall lie exclusively with
the state and federal courts within the State of New York.
If any provision of the Terms and Conditions or Policy is
found to be invalid by a court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions, which shall remain in full
force and effect. Our failure to enforce any term or condition
of the Terms and Conditions shall not be deemed a waiver
thereof and shall not prevent its later enforcement.