OVERVIEW
Welcome to the website of Heavy Hues Label at www.heavyhueslabel.com. Please carefully review this page. These Terms of Use ("Terms") form a legal agreement between you and Heavy Hues Label ("Heavy Hues Label", "we", "us", or "our") and govern your use of the website and any subdomains (collectively, the "Website" or "Site"), our software applications ("Apps"), and all portals, products, merchandise, services, events, and interactive features, or other services under our control that link to these Terms (collectively, the "Services"). By using the Website, Apps or Services, you are agreeing to comply with and be bound by these Terms. We reserve the right to change these Terms or modify any features of the Website at any time. The most up-to-date version of the Terms can be found by clicking on the "Terms of Use" link on the Website. By continuing to use the Services after we have posted any changes, you are accepting the updated Terms. If you do not agree to these Terms, please refrain from using our Services.
In these Terms, "you" or "your" refers to the person who registers for, accesses, or uses the Site, App, or Services. If you are using or accessing any of our Services on behalf of an entity or individual, you represent and warrant that you have the necessary authority to bind that entity or individual. Our Services are not intended for use by individuals under the age of 18. If you choose to access our Services, you represent and warrant that you are at least 18 years old.
PRIVACY
Our Privacy Policy is integrated into these Terms and forms a component of these Terms. By utilizing the Services, you acknowledge that you comprehend and approve of the gathering, utilization and distribution of your information as outlined in our Privacy Policy.
USER COMMUNICATIONS
Unless explicitly requested, Heavy Hues Label does not desire to receive any sensitive, private, or confidential information from you through the Site or the App (including through the provided contact email on our Services). You are solely accountable for any materials you provide to us, including but not limited to data, inquiries, original works, images, photographs, letters, documents, demos, ideas, suggestions, critiques, concepts, methods, systems, designs, plans, techniques or other submitted, posted, uploaded, sent or transmitted content ("User Content"). By sending Heavy Hues label any User Content, you grant us unrestricted, global, perpetual, irreversible, non-exclusive and fully transferable, assignable, and sublicensable rights and licenses to utilize, copy, reproduce, modify, adjust, print, publish, translate, create derivative works of, create collective works from, and distribute, perform, display, license, and sublicense (at multiple levels) such User Content in any current or future media, including for commercial purposes. In addition to the aforementioned rights for any User Content, when you leave comments or reviews on our Site, App, or through social media mentions, you also authorize us to use the name you provided with any comment, review, or other content in connection with said content.
You pledge not to share User Content that:
Infringes upon the intellectual property rights of any third party, including copyright, trademark, or patent infringement;
Spreads misinformation, lies, slanderous statements, vulgarity, threats, hatred, or explicit sexual content;
Violates a person's right to privacy or public image;
Degrades individuals based on their gender, race, social class, ethnicity, nationality, religion, sexual orientation, disability, or any other form of classification;
Includes derogatory language or material that aims to intimidate or incite violence;
Contains malicious programs or components such as viruses, worms, Trojan horses, or time bombs;
Includes advertisements or solicits funds (for either charitable or commercial purposes), propagates chain letters or pyramid schemes, advertises commercial entities, or engages in any other form of commercial activity;
Contravenes any applicable local, state, national, or international laws, or advocates for illegal actions.
We are not required to use your User Content and cannot guarantee its confidentiality.
The responsibilities that you have towards us under these Terms will continue even after termination of the Site, App, or Services, any use of the Site, App, or Services by you, as well as any User Content that you upload or send through the Site or App, or the termination of these Terms.
PROHIBITED CONDUCT
You are not permitted to access or use the Services, or make an attempt to access or use, in a way that could cause harm to us or any third party, disrupt the functioning of the Services, Site, or App, or violate any laws. For instance, but not limited to, you must not:
Impersonate or misrepresent yourself as another person or entity, or falsely declare your connection to any person or entity or the origin of any information you provide;
Engage in unauthorized collection, scraping, or extraction of content or personal data, or utilize any other automated method without authorization to compile information;
Obtain or try to obtain unauthorized entry to other computer systems, materials, information, or any services accessible on or through the Site or the App;
Utilize any device, software, or routine to disrupt or try to interrupt the proper functioning of the Site, App, or Services, or any activities taken on the Site or App, or attempt to investigate, scan, or test the security of any system or network;
Bypass, reverse engineer, decode, disassemble, decrypt, or modify (or try to do so or encourage others to do so) any of the software that makes up part of the Site or App. Prohibited activities also include using or distributing tools that are designed to compromise security (e.g. password cracking programs, hacking tools, or network scanning tools).
Perform any action that creates an unreasonable or disproportionately large burden on our network or infrastructure;
Upload or otherwise transfer any communication, software, or materials that contain a virus or are otherwise damaging to the computers or systems of Heavy Hues Label or its users;
Initiate or prompt the transmission of any communication (such as emails) to other users without their consent (e.g. "mail bombs" or "spamming");
Breaching, or inciting others to breach, any applicable laws or regulations;
Engage in fraudulent or abusive behavior while using the Services;
Cause harm, embarrassment, or negative publicity to Heavy Hues Label; or
Engage in any other behavior that inhibits or prevents others from using or enjoying the Site or App, or that, in our sole judgment, exposes us, our users, affiliates, or any third party to liability, damages, or harm of any kind.
Breach of the security of our systems or network may lead to potential civil or criminal consequences. We reserve the right to investigate and cooperate with law enforcement in prosecuting users who violate the Terms. We may also suspend or terminate your access to the Site or App at any time and for any reason without notice.
ACCURACY OF CONTENT AND INVITATION TO OFFER
The Heavy Hues brand has taken great care in preparing the content found on the Site and App. Our team has made sure to provide accurate pricing and a fair description of each product. Please note that the packaging may vary from what is shown. The weights, dimensions, and capacities listed are estimates only. We have put forth every effort to display the true colors of our products on the website. However, due to variations in monitor settings, we cannot guarantee an exact match in color upon delivery. In accordance with applicable laws, Heavy Hues label does not make any express or implied warranties regarding the accuracy of the information found in any materials on the Site. We are not liable for any loss or damage that may occur from the use of the information or products listed on the Site.
All merchandise/services and information displayed on the Website serve as an invitation to make a purchase. When you place an order, it is considered your offer and is governed by the listed Terms. Heavy Hues Label retains the right to either accept or decline part or all of your offer. Our acceptance of your order occurs when the product(s) ordered are shipped. The shipment of all or a portion of the products may not occur at the same time. In this case, the portion that has been shipped will be considered accepted by Heavy Hues Label, while the remaining portion will still be considered open for Heavy Hues Label to accept or decline. Any actions or lack thereof by Heavy Hues Label prior to the actual shipping of the ordered product(s) does not indicate acceptance of your offer. If you have provided us with your email address, we will promptly notify you by email to confirm the receipt of your order. We will also email you to confirm the shipment and acceptance of your order.
RESTRICTED ACCESS
Entry to specific sections of the Site or App may be limited. Heavy Hues Label retains the authority to restrict entry to additional areas of the Site, App, or even the entire website or portal, at the discretion of Heavy Hues Label.
In the event that Heavy Hues Label gives you a login ID and password to access limited areas of the Site or other features or offerings, it is your responsibility to safeguard the login ID and password.
Heavy Hues Label reserves the right to deactivate your login ID and password without notice or explanation, at the sole discretion of Heavy Hues Label.
ACCOUNT CREATION
To utilize and avail of our Services, it may be necessary for you to register for an account (“Account”). You agree to supply accurate, up-to-date, and comprehensive information throughout the registration process, and to keep such information updated to ensure its accuracy, currentness, and completeness. By creating an Account, you are responsible for maintaining the confidentiality of your account and password, as well as limiting access to your computer or device. You also agree to assume liability for any and all activities that occur under your registration, username, password, and/or Account. We strongly urge you to refrain from sharing your Account details with others. We reserve the right, at our sole discretion, to terminate your password, account (or any aspect thereof), or use of the Site at any time and for any reason, or for no reason at all. Heavy Hues Label will not be held accountable to you or any third party for any termination of your access to the Site. If your user status on the Site is terminated, you are obligated to (i) discontinue use of the website and any information obtained from it, and (ii) permanently delete all copies of your account information, password, and any data obtained from the Site.
RETURNS
Purchases made on www.heavyhueslabel.com may be eligible for a refund within 14 days of the delivery date. The products must be returned in their original condition, without any signs of wear, damage, or alteration. We kindly ask that clothing is free from any stains, odors, pet hair, self-tanner, deodorant, and perfume scents. The cost of return shipping will be deducted from your refund at the checkout stage. Refunds will be issued in the same form of payment used for the original purchase. All items must have their tags attached when returned.
Please keep in mind that all final sale items, clearance items, accessories, swimwear, and intimates are non-refundable. If any of these items are returned, a $25.00 processing fee will be applied and the items will be returned to you. In the rare case that your item is damaged or defective, please contact us within 7 days of delivery and we will gladly assist you with a return or exchange. Please note that the item must be unwashed, unworn, and free of any stains or odors.
Please be aware that all items purchased during site-wide sales are considered final sale items and are non-refundable.
SHOPPING RULES AND PROVISIONS
Heavy Hues Label maintains the right, at our own discretion, to restrict the number of items purchased per individual, household, or transaction. These limitations may be applied to orders made under the same account, credit / debit card, and to those using the same billing and/or shipping address. We will inform the customer if such restrictions are implemented. Additionally, Heavy Hues Label holds the right to prohibit sales to any individual as we see fit.
Heavy Hues Label hereby renounces any guarantees of precision regarding the texture, finish, color, and overall appearance of the final product as ordered by the customer.
Although Heavy Hues Label strives to provide accurate information on our products and pricing, errors may occur. We cannot confirm the price of a product until after the order has been placed. In the event that a product is listed at an incorrect price or with inaccurate information due to a pricing or product description error, Heavy Hues Label reserves the right, at our sole discretion, to decline or cancel any orders for that product, unless it has already been shipped. If a product is mispriced, Heavy Hues Label may either reach out to you for clarification or cancel your order and notify you of the cancellation. Your offer will only be considered accepted if Heavy Hues Label ships the ordered product, which will then be charged to your credit / debit card. This will be communicated to you via email. The payment may be processed before Heavy Hues Label dispatches the ordered product. If we have to cancel an order after the payment has been processed, the amount will be refunded to your credit / debit card account.
INTELLECTUAL PROPERTY
This Website contains protected Content that is safeguarded by US and international copyright, trademark, and other intellectual property laws. These rights are enforceable in all present and future forms, media, and technologies. Unless otherwise stated in these Terms or indicated on the Website, we or our third-party licensors own all intellectual property rights in the Content to the fullest extent allowed by law. This includes, but is not limited to, videos, text, graphics, user interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of the Content. Your use of this Website does not grant you any ownership over the Content, and you must abide by all applicable intellectual property laws. You may make copies of the Content for personal, non-commercial use, as long as you include any notices contained in the Content or provided by the licensor or author, such as copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You are not allowed to publish, copy, distribute, display, perform, edit, adapt, modify, or exploit any part of the Website, including the Heavy Hues Label name and logo, without our written consent. You may only provide a link to the top page of the Website, unless notified by Heavy Hues Label to discontinue linking. You are not permitted to store a significant portion of Content from this Website electronically. The use of Content from this Website on any other site, including linking or framing, or in any networked computer environment, is prohibited without our prior written approval.
THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES
The Website, Application, or Platform may have hyperlinks to third-party materials that redirect you outside of the Website, Application, or Platform and its Services (“Linked Materials”). We do not have control over, endorse, sponsor, recommend, or assume responsibility for these Linked Materials. We also do not make any warranties or representations, whether implied or explicit, about the content (including its accuracy, currentness, or completeness) found on Linked Materials. When you click on a link to another website, you will be subject to different terms of use and a distinct privacy policy. It is essential to read and agree to these policies. The use of any linked third-party materials is solely at the risk of the user.
INDEMNIFICATION
You hereby consent to protecting, reimbursing, and shielding Heavy Hues Label, its executives, board members, related companies, representatives and staff, from and against any allegations, losses, harms, fines, consequences or other responsibilities arising from (i) your utilization and entry to the Website or Services, (ii) your breach of any of these Conditions, and (iii) your infringement of any third-party entitlement, including any intellectual property, trademark, trade secret or confidentiality right connected to your User Content (if applicable) or use of this Website.
DISCLAIMER OF WARRANTIES
The utilization of this website is solely your responsibility. We do not make any guarantees or assurances about the operation of the website or the accuracy, materials, goods, or services featured or provided on the website, all of which are presented "as is." Similarly, we deny all express or implied warranties, including but not limited to: (1) warranties of quality and fitness for a specific purpose; (2) warranties against violation of any third-party intellectual property or proprietary rights; (3) warranties regarding the transmission or delivery of the website; (4) warranties regarding the accuracy, reliability, correctness, or completeness of data available on the website or conveyed by Heavy Hues Label; (5) warranties related to performance, non-performance, or other actions or omissions by Heavy Hues Label or any third party; and (6) a warranty of title. Additionally, Heavy Hues Label does not guarantee that the website will meet your or anyone else's needs or requirements. We do not make any warranties, express or implied, that the website or any emails we send you are free of viruses or other harmful components that may infect your computer or other property as a result of your access, use, or browsing on the website, or your download of any materials, data, text, images, videos, or audio from the website. Furthermore, we cannot guarantee that the website, website content, functions, or materials contained therein will be timely, secure, accurate, complete, up-to-date, or uninterrupted. If applicable law does not permit the exclusion of some or all of the above warranties, the above exclusions will apply to you to the maximum extent allowable by law.
LIMITATION OF LIABILITY
In no event, including negligence, shall heavy hues label (or its officers, directors, affiliates, agents, employees, or any party involved in creating, producing or delivering the website) be liable for damages or losses, including but not limited to direct, incidental, consequential, indirect, special, exemplary, or punitive damages and lost profits, that may arise from your access, use, misuse, or inability to use the website, website content, user content, or any linked sites. This includes failures of performance, errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, or line or system failures. These limitations apply regardless of whether the potential liability is based on contract, tort, negligence, strict liability, or any other basis, even if heavy hues label has been advised of the possibility of such damages. In no event shall the aggregate liability of heavy hues label (or its officers, directors, affiliates, agents, or employees) arising from these terms of use, the website, or the services (whether in contract, tort, negligence, warranty, or otherwise) exceed $100. In some jurisdictions, exclusions or limitations of incidental or consequential damages are not allowed, so heavy hues label's liability in such cases will be limited to the extent permitted by law. Without limiting the foregoing, heavy hues label disclaims all liability arising from unauthorized access to or use of your information. If you are not satisfied with the website or apps, your only recourse is to cease using the website or apps.
APPLICABLE LAW; JURISDICTION
By utilizing the Site, Applications, or Services, you agree that these Terms shall be subject to and interpreted in line with the statutes of the United States and the State of California, as appropriate, disregarding any conflicting provisions. You also release any grievances that may emerge under the laws of other nations or jurisdictions.
DISPUTE RESOLUTION; CLASS ACTION WAIVER
In relation to any and all disagreements arising from or associated with the Site, Apps, Services, or these Terms (including, but not limited to, the Privacy Notice), Heavy Hues label and you both consent to negotiate in a respectful manner and make reasonable attempts to collaborate in order to reach a mutually satisfactory resolution. If an agreement cannot be reached through informal discussions, any further attempts to resolve the dispute will be conducted solely through binding arbitration, as outlined in this section. By agreeing to this, you are relinquishing your right to bring any disputes to court and have them heard before a judge or jury. Instead, an impartial arbitrator will make a final decision, with only limited rights for appeal as stated in the Federal Arbitration Act. Any court with jurisdiction over the involved parties may enforce the arbitrator's ruling. All proceedings to address or resolve disputes, regardless of the forum, will be handled on an individual basis. Neither party will attempt to bring a dispute forward as a group action or in any other capacity where one party acts on behalf of others. Additionally, no arbitration or proceeding can be combined with others without the prior written consent of all parties involved. In the event that informal negotiations fail to settle any disputes arising from these Terms, Heavy Hues label and you both agree that they will only be resolved through private and confidential binding arbitration in Los Angeles, California, or another mutually agreed upon forum, in accordance with the Rules of Arbitration of the International Chamber of Commerce. The sole arbitrator will be chosen through a joint agreement of the parties and confirmed according to the Rules. The arbitrator's decision will be binding and may be enforced as a judgement in a court of law. You also acknowledge that Heavy Hues label has the right to seek injunctions to enforce any terms in these Terms, to the extent allowed by law. According to legal standards, any claim or dispute related to this agreement must be filed within one year through arbitration. The one-year period begins as soon as the claim or notice of dispute could reasonably be filed. Failure to do so will result in permanent disqualification. If any other provisions of this section are deemed unlawful or unenforceable, those provisions will be removed while the remainder of the section will remain in full effect.
ACCESS OUTSIDE THE UNITED STATES
If you are accessing the Site from outside of the United States, please take note that your information may be transmitted from your current location to servers situated in the United States or other locations. The data protection laws in the United States and other countries may vary from those in your current country, and your data may be susceptible to requests for access from government agencies, courts, or law enforcement entities in conformity with applicable laws in the region. By utilizing the Site or providing us with any information, you are giving your consent to the transfer, use, sharing, and storage of your data in the United States and other countries. For further details, kindly refer to our Privacy Policy.
MISCELLANEOUS
These Terms constitute the entire agreement between Heavy Hues label and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and Heavy Hues label as a result of these Terms or your access to and use of the Site or Apps. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
CONTACT US
If you have any questions about the Terms, please contact us at:
Email Address: info@heavyhueslabel.com