Terms of Use
The www.madisonplus.com website (the “Site”) is operated by Eva Apparel Group LLC (“Company”). These terms of use (the “Terms of Use”) govern the use of the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you decline these Terms of Use, please do not use the Site.
By using the Site, you SIGNIFY YOUR ASSENT TO THESE TERMS OF USE and agree that you are responsible for compliance with any applicable federal, state, and local laws. The Company reserves the right, in its sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time without further notice. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Site. Please check these terms periodically for changes, as the top of this page will indicate the date these terms were last revised. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.
Site Intended Audience
This Site is intended for and directed to adults in the United States only. This Site is not intended for any children under the age of 18.
LIMITED LICENSE
The Company grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify any portion of the Site. This license does not include, among other things: any resale or commercial use of the Site; any derivative use of the Site and/or its respective content; any downloading or copying of account information for the benefit of a third party not authorized by the Company; or any use of data mining, robots, or similar data gathering and extraction services. The Site and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express written consent. Such limited license is subject to these Terms of Use.
MERCHANDISE FEATURED ON THE SITE
Company searches third party retailer websites to find plus size designer apparel and accessories, and then Company brings those search results directly to you on the Site. The Site allows you to compare designer deals on apparel and accessories that Company has found. This Site is not a retail website, and no purchase transactions will take place on or through the Site. If you wish to purchase items you have learned about through the Site, you must visit and conduct your purchase transaction directly with the applicable retailer through the retailer’s website. Your purchase transaction will be solely between you and that retailer and will be at your own risk, and Company has no responsibility or liability to you with respect to any such purchase transaction… Before conducting any transaction with a third party retailer, we recommend that you carefully review that retailer’s website and policies. Once you choose to purchase an item from a retailer via the Site, you will be subject to that retailer’s website’s terms and privacy policy, including, but not limited to, that retailer’s order cancellation and return policies. If you have any additional questions about how our Site works, please email us at: info@madisonplus.com.
THIRD PARTY WEBSITES AND CONTENT
The Site contains links to other websites (“Third Party Sites”) and merchandise, articles, resources, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content may not be reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on or available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use any Third Party Content, you do so at your own risk and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.
You acknowledge that by providing you with the ability to access and view Third Party Content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any or Third Party Content.
OWNERSHIP
Other than Third Party Content (as defined above), all content on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company (or its licensors) and is protected by U.S. and/or international copyright laws.
Except as expressly provided in the “Limited License” section above, your use of and access to the Site does not grant you any license or right to use any of the Company’s trademarks, trade names or copyrights. The Company vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its trademarks, trade names, and copyrights.
SUBMISSIONS TO COMPANY
Certain portions of the Site allow you and other users accessing the Site to post or upload comments, questions, suggestions, ideas, feedback, names, screen names, materials, information, or other content (collectively, “Submissions”). Further, you understand that such Submissions may be submitted (or gathered by Company) by way of Third Party Sites, including, without limitation, Twitter.com, Facebook.com and others.
You agree that the Company has no obligation to review the Submissions posted and/or submitted by users accessing the Site; that the Company is not in any manner responsible for Submissions; that the Company does not guarantee the accuracy, integrity or quality of Submissions; and that the Company cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Site. You acknowledge that by providing you with the ability to access and view the Submissions on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Submission or activities of users on the Site. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any Submission are not necessarily those of the Company.
Notwithstanding the foregoing, Company has the absolute right to monitor Submissions posted to the Site in the Company’s sole discretion. In addition, the Company reserves the right to alter, edit, refuse to post or remove any such Submissions, in whole or in part, for any reason or for no reason, and to disclose such Submissions and the circumstances surrounding their transmission to any third party. You agree that the Company does not have any obligation to use or respond to any Submission.
You agree that you shall immediately notify the Company in writing of any objectionable content appearing on the Site. The Company will make good faith efforts to investigate allegations that any Submission violates these Terms of Use but (a) makes no warranty to you that the Company will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission.
Any use of any content on this Site, including, without limitation, any Submission, will be at your own risk.
You acknowledge and agree that any Submissions provided by you to the Company are non-confidential. You grant to Company a non-exclusive, non-revocable, worldwide, perpetual right to reproduce, distribute, prepare derivative works of, perform, display, exploit and otherwise use your Submission, including, without limitation, any ideas, inventions, concepts, techniques, or know-how disclosed therein, at any time, in any manner or media now or later known, for any purpose, including, but not limited to, the right to sublicense, assign, and/or commercialize without any compensation due to you.
You may not post or otherwise distribute content to the Site which the Company, in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Company’s, illegal, or otherwise objectionable to the Company. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute a Submission to the Site. You shall indemnify and hold the Company harmless with respect to all claims resulting from Submissions you supply. Please see the Submission Guidelines below for further details on Submissions.
SUBMISSION GUIDELINES
The Site provides a venue to share your thoughts and opinions. When leaving comments on the Site, please respect the rights of fellow community members by observing the following guidelines:
• Do not post comments that are irrelevant to the issues and ideas being discussed directly on the Site.
• Do not post content that can be construed as threatening, harassing, defamatory, or libelous.
• Do not make statements that are false or misleading in nature.
• Do not solicit offers to buy or sell products/services or otherwise attempt to engage in commercial transactions.
• Do not post content that infringes on copyrights or trademarks.
• Do not post information that you know to be confidential, sensitive or proprietary in nature.
The Company accepts no responsibility for information posted in any Submissions.
If you see User Content that violates these Terms of Use, please send an email to info@madisonplus.com and with a description of the specific User Submission and the location (URL) where that User Submission is located on the Site.
If the Company determines or receives notice that a Submission is not in keeping with these Terms of Use or the intended use of the Submissions, the Company reserves the right to remove that Submission immediately. The removal of any Submission shall be solely at the Company’s discretion.
Please note that once you post a comment (or submit a Submission) to the Site, it becomes part of the public dialogue.
REGISTRATION
Registration may be required for the use of certain portions of the Site, including, potentially, to post certain Submissions. Your registration shall not impose any duty on the Company to provide any particular service to you.
If you choose to register, your username and password will be your identity for purposes of interacting with the Site and other users through the Site. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms of Use, your username, and password for the Site. You shall immediately notify the Company if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Site. In the event of such loss, theft, or unauthorized use, the Company may impose on you, at the Company’s sole discretion, additional security obligations.
If any unauthorized person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief the Company. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
PRIVACY
The information that the Company obtains through your use of the Site, whether through the registration process or otherwise, is subject to Company’s Privacy Policy. That Privacy Policy addresses its collection and use of the data you provide to the Company, including your rights relative to that information. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, Company asks that you not use the Site or post or submit any materials on it.
DISCLOSURE OF COMPENSATION
The Company accepts various forms of compensation. The Company accepts compensation from advertising, links [how does this work – referral fees and sponsors. The Company also accepts free products from various companies for review or giveaway purposes. The Company currently does not accept cash from companies for writing contracted reviews or accept money in exchange for a good review. However, it is possible that Company will receive a referral fee from a third party retailer if you purchase merchandise from that retailer after viewing that merchandise on the Site.
INDEMNIFICATION
You agree to indemnify and hold the Company, and its parents, its parent, affiliates, and subsidiaries and all of their respective officers, directors, representatives, agents and employees (collectively, “Released Parties”) harmless from any claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
Notice and Procedure for Making Claims of Copyright Infringement
Company asks its users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for Notice of claims of copyright infringement on its Site is Aimee Cheshire who can be reached as follows: Info@madisonplus.com
76 Engert Ave, Suite 7B, Brooklyn, NY 11222
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Company shall remove or disable access to the material that is alleged to be infringing;
2. Company shall forward the written notification to such alleged infringer; and
3. Company shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
DISCLAIMERS
Released Parties are not responsible or liable in any manner for any Third Party Content on the Site, whether posted by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Site, or for any Third Party Sites. Released Parties do not control and are not responsible for Third Party Content and are not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any Third Party Content. Released Parties are not responsible for the conduct, whether online or offline, of any user of the Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES DO NOT WARRANT THAT THE SITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM THE COMPANY OR VIA THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO RELEASED PARTIES.
IF DESPITE THE LIMITATION ABOVE, RELEASED PARTIES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN ITS LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
TERMINATION
The Company may prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
GENERAL
These Terms of Use constitute the entire agreement between you and the Company and govern your use of the Site, superseding any prior agreements between you and the Company. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the Site does not create a joint venture, partnership, employment or agency relationship between you and the Company. You also may be subject to additional terms and conditions that may apply when you use or access Third Party Content. The Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use by you against the Company must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that all causes of action arising out of or connected with the Terms of Use shall be resolved individually without resort to any form of class action.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CONTACT
If you have any questions, please contact the Company: Info@madisonplus.com.