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Terms & Conditions

This Agreement is published and maintained by Ace & Ivy LLC (“Ace & Ivy”) and sets forth the Terms & Conditions that apply to the use of www.aceandivy.com (the “Site”) and / or Ace & Ivy’s Social Media Pages (www.facebook.com/aceandivy, www.twitter.com/aceandivy, www.pinterest.com/aceandivy).  By using this Site, you agree to the following Terms & Conditions. 

1. Acceptance of Terms & Conditions
Each time you access the Site and / or Ace & Ivy’s Social Media Pages, you agree to be bound by these Terms & Conditions, as may be amended from time to time.  These amendments may take place with or without notice to you.  You agree that it is your responsibility to periodically review these Terms & Conditions and become aware of any updates.  Your continued use of the site following any updates is deemed to be an acceptance of the updates.  In addition, if you access a service or website via the Site, you will also be subject to any rules or guidelines applicable to those services or websites. 

2. Services of Ace & Ivy
You agree that Ace & Ivy reserves the right to change or cease services provided by the Site.  Ace & Ivy may also remove any data that you provide at any time without notice and without any liability towards you.  You agree that Ace & Ivy will not be blamed or held liable for anything as it relates to the inaccuracy of information, removal of information or failure to keep information.

3. Receipt of Content
You agree that all information or data content of any kind, including but not limited to text, music, photographs, videos, graphics, software, code, or other technology already known or developed subsequently (“Content”), is the sole responsibility of the user providing the Content.  You agree that the Site and / or Ace & Ivy’s Social Media Pages may expose you to Content that you may believe to be distasteful or offensive.  Ace & Ivy will not be held responsible to you in any way for Content displayed on the Site and / or on Ace & Ivy’s Social Media Pages, whether posted by Ace & Ivy or another user, nor will Ace & Ivy be held responsible for any error or omission. 

4. Responsibilities and Conduct
By accessing the Site and / or Ace & Ivy’s Social Media Pages, signing up for a user account, placing an order through the Site, contacting or otherwise dealing with Ace & Ivy and / or its Affiliates (representatives, employees, subsidiaries, agents and other related parties), you explicitly agree that you WILL:
(a)   Provide factual information;
(b)   Agree to the Terms & Conditions and Privacy Policy, as may be amended from time to time;
(c)   Keep your password confidential for any user account(s) you sign up for.  You will be responsible for all activity tied to your user account(s), regardless of whether or not you authorized the activity;
(d)   Notify the Ace & Ivy support team via support@aceandivy.com if you believe your account has been compromised;

And you explicitly agree that you WILL NOT: 
(a)   Conduct yourself in such a way or provide any Content that may be interpreted as illegal, criminal, hostile, harmful, abusive, threatening, intimidating, harassing, slanderous, libellous, insulting, obscene, vulgar, or pornographic, or that may lead to civil or criminal liability or violate any applicable local, national and international laws;
(b)   Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
(c)   Interfere with the operation of the Site and / or Ace & Ivy’s Social Media Pages;
(d)   Introduce a virus, Trojan horse, worm, time bomb, cancelbot, corrupted files or any other damaging or destructive self-replicating code or malignant software;
(e)   Impersonate any person or entity or misrepresent your association with any person or entity;
(f)    Supply any Content you do not have permission to supply or use, misrepresent or obscure the origin of any Content you provide;
(g)   Supply any fraudulent information;
(h)   Use any material or information made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(i)     Stalk other users, collect or harvest information about them and / or their accounts, or violate the legal rights of others (e.g., rights or privacy);
(j)     Contact users for purposes other than discussing an order that the user has already placed, especially in cases where this contact breaches the CAN-SPAM Act of 2003;
(k)   Provide or promote any Content or service in any commercial manner without Ace & Ivy’s consent;
(l)     Post or send junk e-mail or mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages or advertising;
(m)  Conduct yourself in such a way or provide any Content that may result in Ace & Ivy being held criminally or civilly liable or that may violate any local, national and international laws, including, but not limited to, laws related to copyrights, trademarks, patents or trade secrets.

5. Submission of Content
By submitting Content to the Site and / or Ace & Ivy’s Social Media Pages, you agree that in doing so, you expressly:
(a)   Agree to grant Ace & Ivy a worldwide, perpetual, royalty-free, non-exclusive right and license to utilize, publish, display, copy, crop, modify, change, adapt, distribute, print, archive, translate, produce derivative works of and / or combine Content;
(b)   Warrant and represent that you have all rights necessary to grant the license defined in part 5(a) above;
(c)   Agree that Ace & Ivy has the right to refuse to publish Content, remove Content or block access to Content at any time for any reason, with or without notice to you.

6. Third-Parties
Products and services sold by third parties may be advertised and / or retailed through the Site and / or Ace & Ivy’s Social Media Pages.  The descriptions of and representations made regarding these products and services are provided by these third parties and are governed by the policies of these third parties.  Ace & Ivy will not be responsible for the conduct of these third parties or the validity of their claims, and will not be liable or responsible in any way for your interactions with or dealings with these third parties.  The liability related to products and services of these third parties that are advertised and / or retailed through the Site and / or Ace & Ivy’s Social Media Pages remains with the seller of these third-party products.  Ace & Ivy is a Sales Agent in instances where there is a third-party seller and as such is not responsible for any product or service liability related to products sold in these instances. 

7. Privacy Policy
Personal information collected in connection with user accounts and product orders is subject to Ace & Ivy’s Privacy Policy, as may be amended from time to time.  Please refer to the Privacy Policy for more information. 

8. Returns
Ace & Ivy accepts returns for certain products within 21 days from when the product was shipped. Please note certain products are not eligible for return. The return eligibility for each product is listed on the product page as well as in the order details under “My Account”.  If the product is eligible for return, it must be unused and in its original condition, as judged by the product seller. It must also be contained in the original packaging.

9. Indemnity
You agree to indemnify and hold harmless Ace & Ivy and its Affiliates from any claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees, that may be filed by any third party, as a result of your conduct or affiliation with Ace & Ivy, your use and connection to the service, any Content you have provided, your violation of the Terms & Conditions and / or Privacy Policy, or your violation of the rights of any other person or third party.

10. Disclaimer of Warranties
You expressly understand and agree that your use of the Site and Ace & Ivy’s Social Media Pages and of any of the Content or services provided is at your own risk.  They are provided on an “as is” and “as available” basis.  Ace & Ivy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Ace & Ivy makes no warrant that
(a)   The Site will meet your requirements;
(b)   The Site will be available on an uninterrupted, timely, secure, virus-free or error-free basis;
(c)   The results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable;
(d)   The quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations.
Any Content, materials, information or software downloaded or otherwise obtained through use of the Site and / or Ace & Ivy’s Social Media Pages is done at your own discretion and risk.  Additionally, you understand and agree that Ace & Ivy and its Affiliates do not provide professional advice and that any advice or any other information you obtain via the Site may be used solely at your own risk and that Ace & Ivy will not be held liable in any way.

11. Limitation of Liability
In no event shall Ace & Ivy be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data, goodwill or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, use of, or inability to use the Site and / or Ace & Ivy’s Social Media Pages, the cost of obtaining substitute goods and / or services resulting from any transaction entered into, unauthorized access to or alteration of your data transmissions, statements or conduct of any third party or any other matter relating to the Site.   

12. Reservation of Rights
Ace & Ivy reserves all of Ace & Ivy’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that Ace & Ivy may have in respect of the Site and Ace & Ivy’s Social Media Pages, its Content and goods and services that may be provided.  Everything located on or in this Site and Ace & Ivy’s Social Media Pages is the exclusive property of Ace & Ivy or is being used with consent, and the use of Ace & Ivy’s rights and property requires Ace & Ivy’s prior written consent.  By making its services available to you, Ace & Ivy is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site or Ace & Ivy’s Social Media Pages or provided services without Ace & Ivy’s prior written consent.  Any copying of the Site or Ace & Ivy’s Social Media pages without prior written consent is prohibited.  Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.  

13. Applicable Law
This agreement and any dispute arising through your use of the Site or Ace & Ivy’s Social Media Pages will be governed by the laws of the State of Delaware, notwithstanding any differences between the said applicable legislation and the legislation in force at your location.  By accessing the Site and its services and / or by registering for a user account, you hereby understand and accept that jurisdiction is granted to the courts of Delaware and that any disputes will be heard by State of Delaware courts.  If any provision of this agreement is deemed to conflict with legislation by a court with jurisdiction over the parties, or is unlawful, void or unenforceable, the provision in question will be interpreted to reflect the original intentions in accordance with applicable law and the remaining provisions shall not be affected.  You agree that any claim or cause in respect of Ace & Ivy or its services must be filed within one year after such claim or cause arose, or it will be barred regardless of any opposing legislation.

14. Age of Consent
By accessing the Site and / or Ace & Ivy’s Social Media Pages, you represent that you are at least the age of the majority in your state or province of residence, or that you are the majority in your state of province of residence and you have given us your consent to allow any of your minor dependents to use this Site and / or Ace & Ivy’s Social Media Pages.

This document was last updated on 08 August 2013.  Copyright © 2013 Ace & Ivy LLC.