Terms and Conditions
These Terms and Conditions ("Terms") are entered into by and between you and Send the Trend, Inc., a Delaware corporation ("Send the Trend"). In consideration of your use of this Internet site or other Send the Trend Internet sites (“the “Sites”), Send the Trend’s mobile services, Send the Trend’s telephone ordering and voice response unit services, Send the Trend’s software applications (i.e., widgets) downloaded to your desktop or other device, and other websites and services on which these Terms are posted or expressly referenced, including those of companies Send the Trend owns (collectively, "Send the Trend Services"), and the promises and obligations herein, and intending to be legally bound, you and Send the Trend hereby agree as follows:
Your use of the Send the Trend Services is subject to these Terms, which incorporate the separately posted Privacy Policy. If any of the Send the Trend Services, such as Send the Trend’s widgets or Send the Trend’s website, set forth separate or additional terms and conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that Send the Trend Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE SEND THE TREND SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms or policies, do not use the Send the Trend Services. These Terms only govern your use of websites or services of Send the Trend and companies that Send the Trend owns. These Terms do not govern your use of any websites or services of any of Send the Trend’s other affiliates.
Among other things, the Send the Trend Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the Send the Trend Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Send the Trend Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Send the Trend Services and your purchase of products or services through them. You must be at least 18 years old to use the Send the Trend Services.
Electronic Communications
When you visit the Sites or send e-mails or other electronic communications to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or other electronic communications or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Send the Trend on or through the Send the Trend Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. Send the Trend may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Send the Trend in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Send the Trend or by third parties that have licensed their use to Send the Trend. You may view and use the Content only for your personal information and for shopping and ordering on or through the Send the Trend Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Send the Trend does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Send the Trend Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Send the Trend, is strictly prohibited.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Send the Trend copyright agent the written information specified below:
The Send the Trend Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
E-mail: CopyrightAgent@sendthetrend.com
Mail:Attn: Copyright Agent
Legal Department
Mail Code 207
QVC, Inc.
1200 Wilson Drive
West Chester, PA 19380
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Send the Trend or others.
License and Site Access
Send the Trend grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Send the Trend. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Send the Trend. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Send the Trend without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Send the Trend’s name or trademarks without the express written consent of Send the Trend. Any unauthorized use terminates the permission or license granted by Send the Trend. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
Monitoring
Send the Trend shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with these Terms and any operating rules established by Send the Trend, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Send the Trend shall have the right, but not the obligation, to remove any material that Send the Trend, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:
Linked Third Party Sites
Links to other Internet sites operated by third parties, including Send the Trend vendors, do not constitute sponsorship, endorsement, or approval by Send the Trend of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Send the Trend, and Send the Trend is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Prices; Orders
All prices displayed in the Send the Trend Services are quoted in U.S. dollars. Send the Trend may restrict delivery to addresses within the United States. Send the Trend will add shipping and handling fees and applicable sales/use tax. Send the Trend reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the Send the Trend Services without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the Send the Trend Services do not imply endorsement of that product or service, or constitute a warranty, by Send the Trend.
The receipt by you of an order confirmation does not constitute Send the Trend’s acceptance of an order. Prior to Send the Trend’s acceptance of an order, verification of information and approval of the order may be required. Send the Trend reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Send the Trend, for any reason. Send the Trend reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
The websites of Send the Trend and companies Send the Trend owns may be accessed from countries other than the United States. The Sites may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use any of our websites outside the United States you are responsible for complying with your local laws and regulations.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Send the Trend shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Send the Trend shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by Send the Trend pass to you upon Send the Trend’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Send the Trend’s vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
Disclaimer and Limitation of Liability as to the Send the Trend.com Site and Content
SEND THE TREND MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SEND THE TREND SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. SEND THE TREND ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SEND THE TREND SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SEND THE TREND SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SEND THE TREND SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SEND THE TREND SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL SEND THE TREND, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SEND THE TREND SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SEND THE TREND IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
Disclaimer and Limitation of Liability as to Products and Services
Send the Trend wants you to be completely satisfied with your purchase through the Send the Trend Services. If for any reason you are not entirely pleased with a product you purchased through the Send the Trend Services, simply return it within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product. Send the Trend attempts to be as accurate as possible. However, Send the Trend does not warrant that content of the Sites is accurate, complete, reliable, current, or error-free.
ALL PRODUCTS AND SERVICES SOLD BY SEND THE TREND ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, SEND THE TREND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, SEND THE TREND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE SEND THE TREND SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL SEND THE TREND, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE SEND THE TREND SERVICES, EVEN IF SEND THE TREND IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SEND THE TREND’s LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless Send the Trend, Send the Trend’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the Send the Trend Services, or your violation of any third-party right. You are solely responsible for interactions with other users of the Sites or Send the Trend Services. To the extent permitted by applicable law, you hereby release Send the Trend from any and all claims or liability related to any product or service of Send the Trend and any conduct, action, or inaction by Send the Trend or another user of the Sites or Send the Trend Services. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Send the Trend Services or any product or service provided to you arising out of or relating to your use of the Send the Trend Services.
Submissions
Except as otherwise expressly provided herein or in Send the Trend’s separately posted Privacy Policy, any communication or material you transmit to Send the Trend through the Send the Trend Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Send the Trend, Send the Trend vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Send the Trend, Send the Trend vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Send the Trend through the Send the Trend Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.
By submitting content on or through the Sites or using Send the Trend Services, you hereby grant to Send the Trend, its parent, affiliates, partners and clients and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate and excerpt (in whole or in part) such submitted content, and to grant and authorize sublicenses of the foregoing to its parent, affiliates, partners and clients including advertisers of brands or products (the "Advertisers") for display via third party websites or applications (for example, an Advertiser sublicense submitted content to repurpose on its own or other third party website). Even if you withdraw your application or request a return of any submitted content, such a request shall not terminate or impact the use rights granted by Send the Trend to third parties regarding such submitted content prior to such removal. Moreover, by submitting content, you hereby assign all rights and authorize Send the Trend and its parent, affiliates, designees, licensees or assignees to use, copy, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate the submitted content in other works in any media, with such rights extending to all data, images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes. By submitting content, you also warrant and represent that the content of the submission is accurate, not misleading, and will not violate the rights of any individual. If you do not wish to grant such rights to Send the Trend, do not submit content to the Site.
Mobile Services
The Send the Trend Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Send the Trend, and access certain other features (collectively the "Mobile Services"). Although Send the Trend does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that Send the Trend may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Send the Trend. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Send the Trend intends to send to you are not sent to another person who acquires your former mobile telephone number.
Miscellaneous
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Send the Trend of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Send the Trend shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Applicable Law & Disputes
Access to or use of the Send the Trend Services shall not be construed as Send the Trend’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. These Terms and any dispute that might arise between you and Send the Trend shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any dispute, action, or proceeding arising out of, or related to, these Terms, use of the Send the Trend Services, or any orders placed or products or services purchased through any of them, shall be adjudicated in the state or federal courts located in the United States District Court for the Southern District of New York or the state and local courts in New York, New York, and you consent to exclusive jurisdiction and venue in such courts.
Remedies
Any award in any proceeding shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, there shall be no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages, except when disclaimer of such an award is not permitted by statute.
Changes in Terms
Send the Trend shall have the right at any time and without prior notice, at its sole discretion, to make changes to the Site and Send the Trend Services, policies, and these Terms, or to impose new terms and conditions with respect to access to or use of the Send the Trend Services. Such revisions and additions shall be effective immediately upon posting of notice of the changes on the Site. We suggest that you read our Terms and Privacy Policy from time to time in order that you stay informed as to any such changes. ANY ACCESS OR USE OF THE SEND THE TREND SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Send the Trend shall be valid or enforceable against Send the Trend unless expressly agreed to by Send the Trend in a writing signed by a duly authorized officer of Send the Trend.
Termination
These Terms are effective until terminated by Send the Trend. Send the Trend may terminate these Terms without notice and at any time in connection with any of the Send the Trend Services. In the event of termination, you are no longer authorized to access those Send the Trend Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Send the Trend shall also have the right without notice and at any time to terminate some or all of the Send the Trend Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Send the Trend Services or any feature or portion thereof.
OUR ADDRESS
Send the Trend, Inc
39 W 38th Street, 3rd Floor East
New York, NY 10018
Email: help@sendthetrend.com
http://www.SendtheTrend.com
Revised October 1, 2012
