Terms and Conditions

Introduction

Welcome to theevanpicone.com, owned and operated by Evan Picone Fashions Corporation (“Evan Picone” or “we”). These Terms and Conditions (“Terms”) govern your access to and use of our website, including any content, products, and services offered on or through our website (collectively, the “Services”).

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or resources added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS

Ownership

The Services are owned and operated by Evan Picone Fashions Corporation. The content, organization, graphics, design, compilation, magnetic translations, digital conversions, and other matters related to the Services are protected under applicable copyrights, trademarks, and other proprietary laws. All content and materials on our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations and software, and the compilation thereof (collectively, “Content”) is the property of Evan Picone, our affiliates, or our Content suppliers and protected by United States and international copyright laws.

All trademarks, service marks, trade names, trade dress, product names and logos appearing on our Services are the property of their respective owners. Do not remove, obscure or alter any legal notices displayed in or along with our Services.

Service Eligibility

Our Services are intended solely for users who are 18 years of age or older. Any access to or use of the Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By accessing or using our Services, you represent and warrant that you are 18 or older.

Account Creation

In order to use certain features of the Services, you may be required to provide information about yourself including your name, email address, postal address, credit card or other billing information. You agree that any registration information you provide will always be accurate, correct and up to date. You must keep your account information secure and must not disclose it to any other person. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. You will be responsible for any use of the Services by any person using your account, whether or not authorized by you. We will not be liable for your losses or damages caused by any unauthorized use of your account.

You may not use anyone else’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We may suspend or terminate your account if you create more than one account, if you use another user’s account, provide account information to another person, or sell, transfer or assign your account without our permission.

Prohibited Conduct

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local or international law or regulation.
• Impersonate or attempt to impersonate Evan Picone, an Evan Picone employee, another user or any other person or entity.
• Provide inaccurate or fraudulent information when creating an account.
• Engage in any automated use of the system, such as using scripts to send comments or messages.
• Interfere with, disrupt or create an undue burden on the Services or servers or networks connected to the Services.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
• Copy, modify, create derivative works of, reverse engineer, decompile or otherwise attempt to extract source code from the Services or any related technology or software.
• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
• Post, upload or distribute any defamatory, libelous, threatening, pornographic, obscene or profane material or engage in any emotionally abusive, offensive, threatening, harassing or illegal behavior.
• Sell or transfer your account username or any account information without our express permission.
• Violate the letter or spirit of our Terms.

We reserve the right to determine whether Content or conduct violates our Terms and to take appropriate action, including removal of Content or termination of accounts in response.

Purchases and Payments

You may purchase physical goods or digital content through the Services. All orders are processed by our third party payment processor, which will share transaction data with us. When you make a purchase, you agree not to use an invalid or unauthorized credit card or other billing information. If we do not receive payment from your credit card issuer, you agree to pay for purchases yourself.

You must resolve any issues regarding charges with your bank, card issuer, or other payment method provider directly; we are not responsible for those issues. If you believe someone has used your card without authorization, you must notify your card provider in accordance with its reporting rules.

All sales are final. We do not accept returns or provide refunds unless required by law. We reserve the right to refuse or cancel any order prior to shipment. Some situations that may cause cancellation include system or typographical errors, inaccuracies in product or pricing information, difficulty contacting you, or product unavailability.

User Content

We may offer interactive features that allow you to submit, post, and share content, including comments, photos, videos, images, reviews, and other submissions (“User Content”). You retain any copyright and other proprietary rights you hold in the User Content that you post.

By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid up, sublicensable, perpetual, irrevocable license under your intellectual property rights to publicly display, distribute, store, collect data from, use, and reproduce the User Content in order to provide, promote, and improve the Services. This license is limited only to enabling us to display, distribute and promote the Services and may be revoked for certain User Content on notice from you.

You understand and agree that we may, but are not obligated to, review, monitor, process, or remove User Content. When you submit User Content, you warrant that it complies with our Content Standards below.

Content Standards

User Content must not:

• Be false, inaccurate, misleading, or fraudulent.
• Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
• Violate any law, statute, ordinance or regulation.
• Be defamatory, trade libelous, threatening or harassing.
• Contain adult content or pornography.
• Include personal information of third parties without consent.
• Contain viruses, Trojan horses, worms, time bombs, cancelbots or other disabling devices or harmful code.

We reserve the right, but do not have the obligation, to monitor disputes between you and other users. We have no liability for User Content provided by you or other users. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

SECTION 2 – DISCLAIMERS AND LIMITATION ON LIABILITY

Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE SERVICES. WE MAKE NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTIES AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL EVAN PICONE BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO EVAN PICONE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent allowed by applicable law, You agree to indemnify and hold Evan Picone, its affiliates, officers, employees, agents, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

SECTION 3 – GENERAL PROVISIONS

Governing Law

These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. Any dispute related to these Terms or the Services will be brought solely in the federal or state courts located in New York, New York, and you consent to personal jurisdiction in those courts.

Modifications

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may notify you via email or provide notice through our Services. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose. Your continued use of the Services after any changes or revisions to these Terms shall indicate your agreement with the terms and conditions of such revised Terms.

Entire Agreement

These Terms constitute the entire agreement between you and Evan Picone regarding the use of the Services. These Terms supersede any prior agreements between you and Evan Picone regarding the Services.

Severability

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

Any failure by Evan Picone to enforce or exercise any provisions under these Terms or related rights shall not constitute a waiver of that right or provision.

Contact Us

If you have any questions about these Terms, please email us at [email protected] .