Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
User Content License
For any content you provide to Sophie & Hailee, on or by this website, or otherwise disclose, submit or offer in connection with your use of this website or other websites or social media platforms, including but not limited to Instagram, Facebook or Twitter, that may interact with this website, including photographs, images, video clips, audio clips, graphics, comments, ideas, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #sophieandhailee (collectively, “Materials”), you hereby grant to Sophie & Hailee and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your Materials in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Materials in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your Materials.
You hereby agree and represent and warrant that (i) you are solely responsible for your Materials, (ii) you own all rights in and to your Materials and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such Materials, (iii) you are not a minor, (iv) the Licensed Parties’ use of your Materials as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the Materials is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Materials, including but not limited to any claims now known or hereafter known in any jurisdiction throughout the world, including availing yourself to any statutory protections of California Civil Code Section 1542.
The Materials that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this website, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your Materials as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this website or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using this website or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these terms and conditions and privacy policy.
Sophie & Hailee reserves the right to alter these terms and conditions without advance notice by posting a revised terms and conditions. Accordingly, you should review the terms and conditions each time you grant permission or authorization to feature your Materials.
Copyright
Site and its content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. Unless otherwise indicated, all of the content featured or displayed on the Site, including but not limited to text, graphics, and photographic images is owned by Hayden Girls, Inc. Copyright 2016, Hayden Girls, Inc. ALL RIGHTS RESERVED.
The Site and all its content are intended for viewing only. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with sophieandhailee.com or purchasing Hayden Girls, Inc products.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Hayden Girls, Inc. You further agree not to change or delete any proprietary notices from materials obtained from Hayden Girls, Inc.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Hayden Girls, Inc. has adopted a policy of terminating, in appropriate circumstances and at Hayden Girls, Inc. images’ sole discretion, account holders who infringe the intellectual property rights of Hayden Girls, Inc. or any third party.
Trademarks
All trademarks, service marks and trade names of Hayden Girls, Inc. used in the site are trademarks or registered trademarks of Hayden Girls, Inc.
Warranty Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT HAYDEN GIRLS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Inaccuracy Disclaimer
From time to time there may be information on Hayden Girls, Inc. that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted you order). If you are not completely satisfied with you Hayden Girls, Inc. purchase, please see our Return Policy for return procedures and details.
Limitation of Liability
Hayden Girls, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hayden Girls, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Termination
This Agreement is effective unless and until terminated by either you or Hayden Girls, Inc. You may terminate this Agreement at any time. Hayden Girls, Inc. also may terminate this agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in Hayden Girls, Inc.'s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Hayden Girls, Inc., you must promptly destroy all materials obtained from this Site or directly from Hayden Hayden Girls, Inc. as well as all copies of such materials whether made under the terms of this Agreement or otherwise. These terms and conditions, or any part of them, may be terminated by Hayden Girls, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Hayden Girls, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hayden Girls, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Hayden Girls, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Hayden Girls, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hayden Girls, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. 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.
Indemnification
You agree to indemnify, defend, and hold harmless Hayden Girls, Inc., its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Hayden Girls, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Hayden Girls, Inc., Hayden Girls, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hayden Girls, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hayden Girls, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
