Terms and Conditions of Use

Last Updated: April 1, 2015

The policies below are applicable to Luly Yang Couture network of websites, including the www.lulyyang.com websites (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Luly Yang Couture; all apps published by Luly Yang Couture; and all other interactive features, services, and communications provided by Luly Yang Couture (collectively “Sites”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Coutura LLC d/b/a Luly Yang Couture (collectively “Luly Yang Couture” or “we”, “us”, or “our”). In addition to the Content on the Sites, the Sites provide you with various opportunities to submit content and participate in various shopping and community services (“Services”). BY USING OUR SITES AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES AND ANY AFFILIATE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Sites, you agree to such terms and conditions.

This is a legal agreement between you ("you" or "user") and Luly Yang Couture that states the material terms and conditions that govern your use of the Sites. These terms and conditions, together with all updates, supplements, additional terms, and all of Luly Yang Couture’ rules and policies collectively constitute this "Agreement" between you and Luly Yang Couture. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THE SITE.

1. Site Access License. Luly Yang Couture grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Sites or their Content and not to modify all or any portion of the Sites and their Content. This license does not include any resale or commercial use of the Sites or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their Contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Luly Yang Couture’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Luly Yang Couture, its content providers or its affiliates without Luly Yang Couture’s express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

2. Copyright and Ownership. All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Luly Yang Couture, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Sites for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, you may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or Content contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights shall remain the exclusive property of Luly Yang Couture or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.

3. Trademarks/No Endorsement. All trademarks, service marks and trade names of Luly Yang Couture used herein (including but not limited to: the Luly Yang Couture name, the Luly Yang Couture corporate logo, the Sites’ names, the Sites’ designs, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Luly Yang Couture or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, without Luly Yang Couture's prior written consent. The use of the Marks on any other web site or network computer environment is not allowed. Luly Yang Couture prohibits the use of the Marks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance. You shall not use Luly Yang Couture’ name or any language, pictures or symbols which could, in Luly Yang Couture’ judgment, imply Luly Yang Couture’s endorsement in any way.

4. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Sites. In consideration of your use of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites' registration or subscription page (such information the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Luly Yang Couture has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Luly Yang Couture may suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We may provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Sites may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, YouTube, Google, or Pinterest. These third party services are unrelated to the Sites, and your use of such third party services is subject to the terms and policies of those services.

5. User Submission Policy. If you provide Luly Yang Couture any user content (e.g. comments to stories or blog postings, testimonials, ideas, tips, etc.) that they have created for consideration in connection with the Site (“User Submissions”), the User Submissions remain the intellectual property of the individual user. By posting content on our Site or submitting it to Luly Yang Couture via the Site, you expressly grant Luly Yang Couture a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Luly Yang Couture shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

6. Inappropriate User Submissions. Luly Yang Couture does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing the User Submission. Without limiting the foregoing, you agree that in conjunction with your User Submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Luly Yang Couture will reject any User Submissions in which Luly Yang Couture believes, in its sole discretion, that any such activities have occurred. If notified by a user of a User Submission that allegedly violates any provision of this Agreement, Luly Yang Couture reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Submission from the Site at any time and without notice.

7. User Published Content. User published Content does not represent the views of Luly Yang Couture or any individual associated with Luly Yang Couture, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Luly Yang Couture’s endorsement of user published Content. Luly Yang Couture does not vouch for the accuracy or credibility of any user published Content on our Sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Sites. Through your use of the Sites and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Sites, you assume all associated risks.

8. Advertising Rights. Luly Yang Couture reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and Luly Yang Couture and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this section obligates or may be deemed to obligate Luly Yang Couture to sell, license or offer to sell or license any advertising, promotion or distribution rights.

9. Linking to the Sites. Creating or maintaining any link from another web site to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rule and regulations.

10. Third Party Links. From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by Luly Yang Couture or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Sites, you do so entirely at your own risk.

11. Transactional Partners. In some cases we partner with another company to co-promote their services within our Sites. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partner’s terms of service, this Agreement will prevail.

12. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Sites or the Sites or through voice computer systems is expressly prohibited by this Agreement. Any such unauthorized use of our computer systems is a violation of this Agreement and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or this Agreement, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Sites at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

13. Contests, Sweepstakes and Games. From time to time Luly Yang Couture may offer contests, sweepstakes and games. Additional terms and conditions may apply to your participation in each contest, sweepstakes or game.

14. Order Eligibility. You may only purchase products which appear on this Site and are delivered to an address located in the United States. You may only purchase products for personal use by either yourself or your intended recipient of the products. Luly Yang Couture may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Luly Yang Couture. Luly Yang Couture makes no promise that products and services available on the Sites are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Sites.

15. Products, Content and Specifications. Details of the products and services available for purchase are set out on the Sites. All prices are displayed exclusive of all taxes. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain sizes, measurements, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

16. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

17. Return and Exchange Policy. You may return or exchange a product or service purchased from this Sites in the event that the product or service is defective or for any reason within 30 days. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that the return or exchange is due to an incorrect order or faulty product, Luly Yang Couture will be responsible for the shipping costs associated with such return. In all other cases, You will be responsible for the return. Luly Yang Couture will only accept returned or exchanged products or services that comply with the following process [Add return and exchange process].

 Items must be in new condition
 Items must be returned with the original packaging and invoice
 Shipping and handling charges for returning non-defective items are borne by the buyer.
 Only refund in the same form of currency used for the purchase

18. Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products included on the Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Sites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

19. Fees. For all charges for any products and services sold on the Sites, Luly Yang Couture or its vendors or agents will bill your bank card or alternative payment method offered by Luly Yang Couture. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Luly Yang Couture and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.

20. Access and Interference. You will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.

21. Right to Takedown Content. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user's e-mail unless required in the course of normal maintenance of the Sites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Luly Yang Couture or the Sites; (2) protect and defend the rights or property of Luly Yang Couture, the Sites, or the users of the Sites; or (3) act in an emergency to protect the personal safety of our guests, the Sites, or the public. Users shall remain solely responsible for the content of their messages and Luly Yang Couture shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this Agreement access to the Sites.

22. Representations and Warranties. You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Sites and Services is and will be in compliance with all applicable laws. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in this Agreement; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Sites and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iv) You are not, and have not been an agent of Luly Yang Couture and were not and are not acting on behalf of, or as a representative of, Luly Yang Couture or any other party in connection with the User Submission; (v) the User Submission and Luly Yang Couture’s use thereof as contemplated by this Agreement and the Sites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) you are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (vii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (viii) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Luly Yang Couture or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

23. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER LULY YANG COUTURE, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER LULY YANG COUTURE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LULY YANG COUTURE OR THROUGH THE SITES, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

24. LIMITATIONS OF LIABILITY. Luly Yang Couture does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Sites, or your downloading of any information or materials from this Sites. IN NO EVENT WILL LULY YANG COUTURE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY SITESS LINKED TO THE SITES, OR THE MATERIALS, CONTENT, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT LULY YANG COUTURE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM LULY YANG COUTURE, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES. IN NO EVENT SHALL LULY YANG COUTURE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES.

25. Indemnity. You agree to defend, indemnify and hold Luly Yang Couture and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or the Internet or your placement or transmission of any message or information on this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Luly Yang Couture; or (vi) any other party’s access and use of the Sites with your unique username, password or other appropriate security code.
26. Termination. You or we may suspend or terminate your account or your use of this Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Sites in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

27. Force Majeure. Neither Luly Yang Couture nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

28. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by Luly Yang Couture’s Privacy Policy which is incorporated into and is a part of this Agreement.

29. General. Any claim relating to, and the use of, this Sites and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Luly Yang Couture in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 20 (Access and Interference), 22 (Representations and Warranties), 12 (License), 23 (Disclaimers), 24 (Limitations of Liability), 25 (Indemnity), and 29 (General) shall survive any termination or expiration of this Agreement.
30. Entire Agreement. This Agreement is the entire agreement between you and Luly Yang Couture and supersede any prior understandings or agreements (written or oral).
31. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at info@lulyyang.com or by phone at 206-623-8200.

32. Copyright Notice. All Site design, graphics, text selections, content, and arrangements are Copyright © 2015, Luly Yang Couture or its licensors. ALL RIGHTS RESERVED.

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