Terms of Use
Wanpool.com provides its services to you subject to the notices,
terms, and conditions set forth in this agreement (the “Agreement”). In
addition, when you use any Wanpool.com service (e.g., Customer
Reviews), you will be subject to the rules, guidelines, policies, terms,
and conditions applicable to such services, and they are incorporated
into this Agreement by this reference. Wanpool.com reserves the
right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your
agreement to all the terms and conditions in this agreement. Please read
this agreement carefully before proceeding.
Use of Site:
You represent and warrant that you are at least 18 years old or visiting
the Site under the supervision of a parent or guardian. Subject to the
terms and conditions of this Agreement, Wanpool.com hereby grants
you a limited, revocable, non-transferable and non-exclusive license to
access and use the Site by displaying it on your internet browser only
for the purpose of shopping for personal items sold on the Site and not
for any commercial use or use on behalf of any third party, except as
explicitly permitted by Wanpool.com in advance. Any breach of this
Agreement shall result in the immediate revocation of the license
granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works
from, translate, modify, reverse-engineer, disassemble, decompile or
otherwise exploit this Site or any portion of it unless expressly
permitted by Wanpool.com in writing. You may not make any
commercial use of any of the information provided on the Site or make
any use of the Site for the benefit of another business unless
explicitly permitted by Wanpool.com in advance. Wanpool.com
reserves the right to refuse service, terminate accounts, and/or cancel
orders in its discretion, including, without limitation, if Wanpool .com believes that customer conduct violates applicable law
or is harmful to Wanpool.com’s interests.
You shall not upload to, distribute, or otherwise publish through this
Site any Content, information, or other material that (a) violates or
infringes the copyrights, patents, trademarks, service marks, trade
secrets, or other proprietary rights of any person; (b) is libelous,
threatening, defamatory, obscene, indecent, pornographic, or could give
rise to any civil or criminal liability under U.S. or international law;
or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or
other harmful code or properties. Wanpool.com may assign you a
password and account identification to enable you to access and use
certain portions of this Site. Each time you use a password or
identification, you will be deemed to be authorized to access and use
the Site in a manner consistent with the terms and conditions of this
Agreement, and Wanpool.com has no obligation to investigate the
authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by
anyone using the password and identification originally assigned
to you whether or not such access to and use of this site is actually
authorized by you, including without limitation, all communications and
transmissions and all obligations (including, without limitation,
financial obligations) incurred through such access or use. You are
solely responsible for protecting the security and confidentiality of
the password and identification assigned to you. You shall immediately
notify Wanpool.com of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's
security.
Reviews and Comments:
Except as otherwise provided elsewhere in this Agreement or on the
site, anything that you submit or post to the site and/or provide Wanpool.com, including, without limitation, ideas, know-how,
techniques, questions, reviews, comments, and suggestions (collectively,
"Submissions") is and will be treated as non-confidential and
nonproprietary, and by submitting or posting, you agree to irrevocably
license the entry and all IP rights related thereto (excluding the moral
rights such as authorship right) to Wanpool.com without charge
and Wanpool.com shall have the royalty-free, worldwide, perpetual,
irrevocable, and transferable right to use, copy, distribute, display,
publish, perform, sell, lease, transmit, adapt, create derivative works
from such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions.
All Submissions shall automatically become the sole and exclusive
property of Wanpool.com and shall not be returned to you and you
agree not to raise any dispute in connection with any use of the entry
by Wanpool.com in the future.
You warrant that your Submissions, in whole or in part, are clear and
free of any IP right infringement, disputes or third party claims. Wanpool.com assumes no liability for any misuse of copyright or
any other rights of third parties by you. You undertake to defense for
and indemnify the Sponsor against any losses caused due to the use of
the entries for any purposes.
In addition to the rights applicable to any Submission, when you post
comments or reviews to the site, you also grant Wanpool.com the
right to use the name that you submit with any review, comment, or other
Content, if any, in connection with such review, comment, or other
content. You represent and warrant that you own or otherwise control all
of the rights to the reviews, comments, and other Content that you post
on this site and that use of your reviews, comments, or other Content
by Wanpool.com will not infringe upon or violate the rights of any
third party. You shall not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead Wanpool.com or
third parties as to the origin of any Submissions or Content. Wanpool.com may, but shall not be obligated to remove or edit any
Submissions (including comments or reviews) for any reason.
Copyright
All text, graphics, photographs or other images, button icons,
audio clips, logos, slogans, trade names or word software and other
contents on the website of Wanpool.com (collectively, "Content"),
belongs exclusively to Wanpool.com or its appropriate content
suppliers. You may not use, reproduce, copy, modify, transmit, display,
publish, sell, license, publicly perform, distribute or commercially
exploit any of the Content or otherwise dispose of any of the Content in
a way not permitted by Wanpool.com, without Wanpool.com's
express prior written consent. The use of data mining, robots, or
similar data gathering and extraction tools on Wanpool.com as well
as the use of Wanpool.com trademarks or service marks in
meta-tags is strictly prohibited. You may view and use the Content only
for your personal information and for shopping and ordering on the site
and for no other purpose. The collection, arrangement, and assembly of
all content on this site (the "Compilation") belong exclusively to Wanpool.com. You may not use Wanpool.com's Content or
Compilation in any manner that disparages or discredits Wanpool.com or in any way that is likely to cause confusion or
violation of any applicable laws or regulations. All software used on
this Site (the "Software") is the property of Wanpool.com and/or
its Software suppliers. The Content, the Compilation and the Software
are all protected under state, national and international copyright
laws. All rights not expressly granted are reserved by Wanpool.com. Violators will be prosecuted to the full extent of
the law.
Wanpool.com recognizes and respects all copyrights and trademarks.
As such, any usage of television, motion picture, music, film festival
or other names or titles have no connection to Wanpool.com and are
the sole property of the copyright or trademark holders. Our dresses
are inspired by celebrity style and are our recreations of item’s worn
by the celebrities on your favorite television shows and the red carpet,
however they are not authorized, endorsed by, or connected to these
shows in any way and are not meant as infringements of any registered
trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of Wanpool.com to take appropriate action
where necessary to uphold and recognize all relevant State, Federal and
International laws in connection with material that is claimed to be
infringing any trademark, copyright, patent and all or any other
Intellectual Property laws. If you are an intellectual property rights
owner and you believe that Wanpool.com sells, offers for sale, or
makes available goods and/or services that infringe your intellectual
property rights, then contact us with the following information.
Information required
1. An electronic or physical signature of the person authorized to
act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you,
such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the
disputed use of the material is not authorized by the copyright or other
proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you
claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark,
Reg. No. 123456, registered 1/1/04",etc); and
7. A statement by you that the above information and notification
is accurate, and under penalty of perjury, that you are the copyright
owner or authorized to act on behalf of the owner whose exclusive right
is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Wanpool.com may, without prior notice to you, immediately
terminate the Agreement or revoke any or all of your rights granted
under this Agreement. Upon any termination of this Agreement, you shall
immediately cease all access to and use of the site and Wanpool.com shall, in addition to any other legal or equitable
remedies, immediately revoke all password(s), and account identification
issued to you and deny your access to and use of this Site in whole or
in part. Any termination of this Agreement shall not affect the
respective rights and obligations (including without limitation, payment
obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT
GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS
OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE
PROVIDED BY Wanpool.com ON AN “AS IS” BASIS. Wanpool.com
MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, Wanpool.com DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM
INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR
TYPOGRAPHICAL ERRORS. Wanpool.com DOES NOT WARRANT THAT THE
CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, Wanpool.com WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR
CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, Wanpool.com’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES
(REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE
AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Wanpool.com
DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Wanpool.com’s LIABILITY.
Order Acceptance
Please note that there may be certain orders that we are unable to
accept and must cancel. Wanpool.com reserves the right, at sole
discretion, to refuse or cancel any order for any reason. Some
situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or errors
in product or pricing information, or problems identified by our credit
and fraud avoidance department. We may also require additional
verifications or information before accepting any order. We will contact
you if all or any portion of your order is canceled or if additional
information is required to accept your order.
Typographical Errors
While Wanpool.com strives to provide accurate product and
pricing information, pricing or typographical errors may occur. Wanpool.com cannot confirm the price of an item until after you
order. In the event that an item is listed at an incorrect price or with
incorrect information due to an error in pricing or product
information, Wanpool.com shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In the
event that an item is mis-priced, Wanpool.com may, at our
discretion, either contact you for instructions or cancel your order and
notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by Wanpool.com is based upon figures
calculated in U.S. Dollars (US$). Prices displayed in other currencies
are converted from U.S. Dollars according to the most up to date
conversion rates. Due to fluctuating currency values, prices displayed
in non-U.S. denominations of currency on the Site, other than on the
individual product page, may not be the most current. Areas of the Site
where non-U.S. denominations of currency might be inaccurate include,
but are not limited to, promotional banners, promotional pages, and
information on product category pages. The price displayed on an
individual product page, regardless of currency denomination, is the
current price you are liable to pay to Wanpool.com, excluding
shipping.
Links
This site may contain links to other sites on the Internet that are
owned and operated by third parties. You acknowledge that Wanpool.com is not responsible for the operation of or content
located on or through any such site.
Remedies
You agree that Wanpool.com's remedy at law for any actual or
threatened breach of this Agreement would be inadequate and that Wanpool.com shall be entitled to specific performance or
injunctive relief, or both, in addition to any damages that Wanpool.com may be legally entitled to recover, together with
reasonable expenses of any form of dispute resolution, including,
without limitation, attorneys' fees.
No right or remedy of Wanpool.com shall be exclusive of any other,
whether at law or in equity, including, without limitation, damages
injunctive relief, attorneys' fees and expenses.