Membership and Sales Terms, Conditions, Privacy Policy and other Legal Information
U.S.C. Title 18, Section 2257 compliance notice This document concerns itself with membership, sales and credit card issues and does not cover 2257 compliance. In the following "this site" and "the site" are taken to mean the domains “www.efrenstyle.com”, “efrenstyle.com” and “efrenstyle.com/shop” principally along with any other aliased domains pointing to the same web addresses owned by the owner of efrenstyle.com. Email contacts are as follows: [email protected] with any merchandise sales queries
The terms and conditions are in a number of parts the first concerning credit cards, the second concerning membership purchases, the third concerning merchandise purchases and finally notes on privacy, copyrights and variations. CREDIT CARDS 1. We use one card processors for the website. Squareup.com for membership processing and Squareup.com for merchandise sales. You can find the website as follows: Square, Inc: squareup.com These card processors between them provide our card processing infrastructure. The highest level of security and anti-fraud measures exist in their systems to ensure your transactions are safely made over the internet. 2. All credit card purchases will be billed as “E.Style Store”, “EfrenStyle.com/Shop”, or “Efren Style” which is what you will see on your card statements. [email protected] 3. No card details are stored on our server. All card information remains with our processors. Card numbers are not available to anyone but the card processors. Card numbers are at no point transmitted over the internet without industry standard (256 bit SSL) encryption being applied. This is the strongest form of encryption commonly used for transactions on the web. 4. The only details stored locally on our server are those concerning membership purchases. In this case the dates of transactions and username/password's are stored for the purposes of running and administrating the membership account. No other details are kept locally. These details are not accessable via any of the public interfaces of the site and are only available to authorized technical staff on a per IP/Computer basis. 5. NEVER send us credit card numbers via email. We cannot take orders this way and will reject any such order. Doing so is highly unsafe and may compromise your credit card. Please do not do it. 6. If you have any dispute about a transaction made with your card please contact us at the appropriate email address (for sales please see the store pages - for membership please visit the join page) and we will resolve it as quickly as possible. 7. We reserve the right to reject any transaction. 8. Rejected transactions will not be charged anything in any way. Nothing will appear on the rejected card or bank statement. 9. A successful credit card transaction will always be emailed an invoice. 10. To be successful an order MUST BE associated with a valid email address. Any order with an invalid email address will be refunded and rejected. MEMBERSHIP 1. By gaining access to and logging into the members area you agree you have read understood and abide by these terms and conditions. You agree that i) you are not offended by sexual imagery and multimedia of an erotic nature. ii) you confirm that you have intentionally purchased membership to the membership area of the site for the time period you selected. iii) you also agree that you are taking complete and total responsibility for your actions in joining the members site and will not take any legal action against the webmaster/host(s), or any other connected parties, based on your decision to join the members area of the site. iv) you confirm that you are not being forced by anyone to join the members site against your will. v) you understand the laws of your community regarding adult material and are not breaking them by entering the site. vi) you are of sound mind. 2. Fees for membership are paid in advance and are not refundable for part months. Cancellations merely stop the rebilling process. No refunds are applicable on part usage of membership. In other words you pay for the next period (1 month or 3 months) in advance and you cannot claim back on the remainder of the period you cancel in. 3. By logging into the site you are committing yourself to the term you have paid for. 4. Any refunds are purely at our own discretion. We reserve the right to deny or issue refunds based on individual circumstances. 5. By logging in and making use of your account you confirm you are of legal age to view adult material and that you wish to view such material and that you are familiar with all local laws in your area affecting your legal right to access erotica or adult-oriented materials; that you have the legal right to access adult-oriented materials, and that the site has the legal right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment and that you will never share these materials with a minor or in ANY WAY make these materials available to a minor. 6. In general refunds for membership are not entertained except for: Mistaken Transactions (before the account is activated / used) Fraudulent Transactions Any mistaken or incorrect billing amounts. 7. You may cancel any time you wish. Note it is wise to cancel ahead of your next rebill to avoid being committed for another term. Your current paid up membership will continue until the rebill date. So if you decide you wish to cancel - do it immediately - do not wait until the last minute as you gain nothing from doing so and may accidentally be charged for the next period should you accidentally wait too long. 8. Password piracy is theft. We operate a password protection mechanism that detects access to the site by simultaneous multiple IP addresses. If you give away your username or password details or leave them insecure so that they are stolen your membership will be forfeit immediately with no refund. Furthermore you will not be permitted to join the site again. Please keep your login details secure. 9. You may not resell or trade your account. It is also not permissable to SHARE your account with others. Anyone found doing so will have their account terminated and will be blocked from future membership. 10. Please note that linked sites are not under the control of this site (and/or the webmaster), so we cannot be held responsible for any linked site, or any link contained in a link site. Links are only included in this site as a convenience, and the inclusion of any such links does not imply endorsement. 11. By logging on you agree to be personally liable and fully indemnify the site against any damages resulting from your use of the site. 12. We do not guarantee 100% uptime and availability of the membership website. However, we will do our best to provide the maximum level of stability and accessibility possible. Our record so far (since May 2000) has been 1 hours downtime due to a power supply failure. We continue to strive for this kind of reliability but cannot guarantee it in circumstances beyond our control (e.g. terrorist attack on the data center etc.). We will always publicize controlled periods of downtime (for hardware upgrades etc) on the home page of the website in the news section at least 24 hours in advance. MERCHANDISE SALES 1. By purchasing merchandise from efrenstyle.com/shop you indicate that you agree and have read and understood these terms and conditions. We do not accept returns, exchanges or refunds. All sales are final. E. Von Style Boutique does not allow order cancellations and all sales are binding. 2. We will Only Exchange any merchandise mistakenly ordered providing a) it is returned within 15 days of reciept by the customer b) it is returned as new and undamaged and c) the customer makes all possible effort to alert us of this fact as soon as possible after the purchase (and not more then 15 days after the order is made). 3. Goods are NOT sold on a sale or return basis. Purchase is final and refunds will not be given on the basis of change of mind, for aesthetic reasons or any other non-physical abstract reason. 4. If the item purchased is clothing and has been found to be the wrong size it may be exchanged for the correct size providing the original is returned in the same condition as it was sent. Contact [email protected] ASAP after becoming aware of the problem to arrange this. Claims of wrong sizing made more than 15 days after receipt of the item will not be entertained. 5. Should merchandise arrive damaged contact [email protected] immediately with a description of the damage. We will advise you as to what to do on a case by case basis in order to best resolve the problem. 6. All merchandise is sent descreetly in plain packaging material. 7. Goods will be dispatched in a timely manner so as to arrive at the very latest within the US within 28 days of ordering. During the Holidays shipping will usually take longer than usual, depending on orders. Internationally please allow 56 days. Some items are dependant on stock and Efren Style’s presence to personalize them - in this case please email for an update of delivery time. 8. Any goods not yet dispatched may not be cancelled. 9. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 10. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitorÔÇÖs display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. PRIVACY NOTE: These points regard only your email address and name - NOT YOUR CREDIT CARD DETAILS which are not stored on our servers. 1. We respect your right to privacy and will do everything we can to protect that right. 2. Member details will not be sold on or given to any third parties or to any other members of the site 3. Members details will only be used for the purposes of administrating the website. 4. Although we will do our best to make sure your details remain secure and private we cannot be held responsible for: Unforseen Software/Hardware errors that fail in such a way as to leave your details exposed Hacking. Although we have the most stringent anti-hacking measures in place and only allow access to our administration and other servers via designated IP addresses the possibility always exists (as it does everywhere!) Human Error. We are all human and mistakes can sometimes be made. We will try our utmost to prevent this happening but again cannot be held responsible for the unforseen. In all cases should problems occur we will try to limit any damage and fix any problems as soon as is humanly possible. 5. Cookies - We use cookies in a very limited way to monitor illegal access attempts to the membership website and also to facilitate legal access attempts. Cookies are NOT used for tracking or marketing purposes. The only details stored in our cookies are usernames (NOT PASSWORDS), ip addresses and in the case of illegal access statistical and other data to track where those attempts are coming from. Enabling cookies on your browser will enhance authentication and flow of the website as you use it but they are not essential. If you disable cookies the site will work just as well albeit a little slower. COPYRIGHT 1. All material (including text) on the site is the copyright of the photographers involved and of Efren Style. Sharing the files by use of peer to peer systems (such as BitTorrent) or posting files to newsgroups or reuse on other websites or linking to pictures or text on this site are all strictly prohibited. Any use of the pictures other than for viewing purposes only is also strictly prohibited. If you are found to be doing any of these your membership will be forfeit immediately with no refund and you will not be permitted to rejoin the site again. Please consider that by stealing images or text in this way you are hurting Efren Style directly and making continued operation of the website difficult. If you suspect piracy of pictures or text from the website please email [email protected] with the URL of the site you suspect is misusing Efren Style's material. Proprietary Rights You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Efren Style and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. Prohibited Use a) You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. b) Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. c) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.d) You may not copy, frameset, enclose or otherwise distribute any part of the Site. Independent Vendors Efren Style relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the member. Independent Vendors are solely responsible for the content of advertisements and the goods that they sell through the Site. Without limitation, NAVAdeal is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors, even if appearing on the Site or in emails from us. Nothing on the Site shall be deemed to confer on any person any license or right on the part of NAVAdeal or any supplier with respect to any such image, logo or name. User Content You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Site. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. If you post User Content, you are making a guarantee to us that you either own all the content you are posting in the User Content, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the User Content. Prohibited Content If we allow you to upload User Content, you may not: a) Provide User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right; b) Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide; c) Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;d) Provide User Content that are illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; e) Impersonate anyone else or lie about your affiliation with another person or entity in your User Content; f) Use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or g) Provide User Content which disparage us or our partners, vendor or affiliates. We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason. Your User Content Becomes Public You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see it, don't post it on the Site. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Efren Style, its users or the public as required or permitted by law. We Are Not Responsible for User Content We generally do not review any of the User Content posted by our members. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content. Indemnification By using this Site, you agree to indemnify, hold harmless and defend Efren Style their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Efren Style reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site. Disclaimer of Warranty THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, Efren Style DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Not Intended for International Use We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. Risk of Loss The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier Unavailability of Site We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Efren style or its suppliers be held liable for any damages due to such interruptions or lack of availability. Termination If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Site for failure to comply with these Terms of Use or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination. Social Sharing Features The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. Advertising and Analytics Services Provided by Others We may also allow others to serve advertisements on our behalf across the Internet and to provide analytics services. Some of these entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Efren Style and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes. We may also work with third parties to serve ads to a customized group of users on other websites or platforms, unless you notify us that you prefer not to have information about you used in this way. VARIATION We may change and vary these terms and conditions from time to time. By agreeing to these terms and conditions you acknowledge our right to do so.
