{"id":54,"date":"2022-06-25T09:05:09","date_gmt":"2022-06-25T09:05:09","guid":{"rendered":"http:\/\/www.mccaffreyhautecouture.com\/?page_id=54"},"modified":"2023-03-14T09:57:20","modified_gmt":"2023-03-14T09:57:20","slug":"terms","status":"publish","type":"page","link":"http:\/\/www.mccaffreyhautecouture.com\/terms\/","title":{"rendered":"Terms"},"content":{"rendered":"
Thank you for using this service, which is owned by Lucho LLC, doing business as McCaffrey Haute Couture (\u201cMcCaffrey Haute Couture,\u201d \u201cwe,\u201d \u201cus,\u201d or \u201cour\u201d). These Terms and Conditions of Use (\u201cTerms of Use\u201d) govern your use of any McCaffrey Haute Couture-owned platform on which they are posted (collectively, this \u201cSite\u201d), including our website at www.mccaffreyhautecouture.com.<\/span><\/p>\n These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.<\/span><\/p>\n By agreeing to these Terms of Use, you agree to the terms of our\u00a0Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent inconsistencies exist between these Terms of Use and our Privacy Policy, these Terms of Use control.<\/span><\/p>\n We are committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.<\/span><\/p>\n When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked \u201cI agree.\u201d This type of agreement is known as a \u201cclick-through\u201d agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the \u201cclick-through agreement.\u201d<\/span><\/p>\n This Site, including all the software and code comprising or used to operate this Site, all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback (\u201cContent\u201d), are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of McCaffrey Haute Couture or its licensors.<\/span><\/p>\n The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.<\/span><\/p>\n Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. This is commonly known as \u201cfair use.\u201d<\/span><\/p>\n Fair use of our content still restricts those who want to reference it to reproduce no more than a headline and up to a couple of paragraphs or a summary of the story. We also request users provide a link to the entire work on our website. The fair use rule generally does not entitle users to display the whole story or photograph on their website or to present the content as their own. Doing so would violate our copyright and we will use all legal remedies available to address these infringements.<\/span><\/p>\n The McCaffrey Haute Couture names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and\/or trade dress of McCaffrey Haute Couture. All other trademarks, product names, company names, logos, service marks and\/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the McCaffrey Haute Couture marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and\/or trade dress of other owners featured within this Site without the prior written permission of such owners<\/b>. The use or misuse of the McCaffrey Haute Couture marks or other trademarks, product names, company names, logos, service marks and\/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.<\/span><\/p>\n You are responsible for all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post using the social networking tools we make available to you (\u201cUser-Generated Content\u201d or \u201cUGC\u201d) that you post. UGC does not constitute \u201cFeedback.\u201d\u00a0\u00a0<\/span>The term \u201cFeedback\u201d refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.\u00a0 \u00a0<\/span><\/span><\/p>\n Under no circumstances will we be liable in any way for any UGC. This means that you, not McCaffrey Haute Couture, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it<\/b>.<\/span><\/p>\n Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of McCaffrey Haute Couture or any person or entity associated with McCaffrey Haute Couture.<\/span><\/p>\n You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all means, method, or medium now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.<\/span><\/p>\n This means that under this license, you have no further right to control how McCaffrey Haute Couture or its affiliates use the content you have provided, regardless of how McCaffrey Haute Couture chooses to use that content, in whatever form, in whatever medium, for whatever purpose, forever. You also grant McCaffrey Haute Couture the right to use your name in connection with the reproduction or distribution of such material.<\/span><\/p>\n For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.<\/span><\/p>\n McCaffrey Haute Couture has certain rights. We have the right (but do not assume the obligation) to:<\/span><\/p>\n It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available:<\/span><\/p>\n By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood\u2014and your UGC fully complies with\u2014these Terms of Use and applicable laws and will not cause injury to any person or entity.<\/span><\/p>\n You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.<\/span><\/p>\n McCaffrey Haute Couture does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.<\/span><\/p>\n If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the \u201cDMCA\u201d) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately.<\/span><\/p>\n Your request must be in writing and must include:<\/span><\/p>\n info@mccaffreyhautecouture.com<\/span>, Copyright Agent<\/span>, McCaffrey Haute Couture (Go to our contacts page\u00a0for additional contact information)<\/span><\/p>\n Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.<\/span><\/p>\n Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.<\/span><\/p>\n In consideration of your use of this Site, you agree that to the extent you provide personal information to McCaffrey Haute Couture it will be true, accurate, current, and complete and that you will update all personal information as necessary.<\/span><\/p>\n To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.<\/span><\/p>\n You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.<\/span><\/p>\n WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN \u201cAS IS,\u201d \u201cAS AVAILABLE\u201d BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, McCaffrey Haute Couture, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, McCaffrey Haute Couture, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.<\/b><\/span><\/p>\n WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).<\/b><\/span><\/p>\n McCaffrey Haute Couture DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED McCaffrey Haute Couture SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF McCaffrey Haute Couture. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.<\/b><\/span><\/p>\n APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.<\/b><\/span><\/p>\n TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.<\/b><\/span><\/p>\n If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).<\/span><\/p>\n This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.<\/span><\/p>\n This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The links to these sites are for your convenience only, and you access them at your own risk. McCaffrey Haute Couture shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of the links, the linked sites, or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.<\/span><\/p>\n McCaffrey Haute Couture welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by McCaffrey Haute Couture or any group or individual affiliated with McCaffrey Haute Couture. You may not use on your site any logos, trademarks, service marks, or copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site the content or other materials on this site without prior written consent.<\/span><\/p>\n We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and\/or the information, materials, products and\/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.<\/span><\/p>\n Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by McCaffrey Haute Couture of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.<\/span><\/p>\n If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.<\/span><\/p>\n This site is created, operated, and controlled by McCaffrey Haute Couture from its offices within the State of Colorado, U.S.A. McCaffrey Haute Couture makes no representation that material on this site is appropriate or available for use in other locations.<\/span><\/p>\n These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.<\/span><\/p>\n You agree to indemnify and hold McCaffrey Haute Couture, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney\u2019s fees, that arise from your use or misuse of this site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.<\/span><\/p>\n These Terms of Use are current as of the effective date set forth above. McCaffrey Haute Couture reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.<\/span><\/p>\n These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and McCaffrey Haute Couture with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and McCaffrey Haute Couture with respect to this Site and your use of this Site.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Thank you for using this service, which is owned by Lucho LLC, doing business as McCaffrey Haute Couture (\u201cMcCaffrey Haute Couture,\u201d \u201cwe,\u201d \u201cus,\u201d or \u201cour\u201d). These Terms and Conditions of Use (\u201cTerms of Use\u201d) govern your use of any McCaffrey Haute Couture-owned platform on which they are posted (collectively, this \u201cSite\u201d), including our website at […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"aioseo_notices":[],"_links":{"self":[{"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/pages\/54"}],"collection":[{"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/comments?post=54"}],"version-history":[{"count":1,"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/pages\/54\/revisions"}],"predecessor-version":[{"id":63,"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/pages\/54\/revisions\/63"}],"wp:attachment":[{"href":"http:\/\/www.mccaffreyhautecouture.com\/wp-json\/wp\/v2\/media?parent=54"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Your Acceptance of These Terms of Use<\/span><\/h2>\n
Your Acceptance of Our Privacy Policy<\/span><\/h2>\n
Children\u2019s Privacy<\/span><\/h2>\n
Your Consent to Other Agreements<\/span><\/h2>\n
Ownership of this Site and its Content<\/span><\/h2>\n
Trademarks<\/b><\/span><\/h2>\n
Responsibility for User-Generated Content Posted on or Through this Site<\/span><\/h2>\n
You own User-Generated Content, but we may use it.<\/span><\/h2>\n
We may disclose and\/or remove User-Generated Content.<\/span><\/h2>\n
\n
Restrictions on User-Generated Content<\/span><\/h2>\n
\n
In general.<\/span><\/h2>\n
Violation of copyrights.<\/span><\/h2>\n
\n
Your request must be addressed as follows:<\/i><\/span><\/h3>\n
Your Feedback<\/span><\/h2>\n
Your Obligations<\/span><\/h2>\n
Disclaimers<\/span><\/h2>\n
Limitation of Liability<\/span><\/h2>\n
Linked Sites<\/span><\/h2>\n
Modification and Discontinuation<\/span><\/h2>\n
Waiver<\/span><\/h2>\n
Severability<\/span><\/h2>\n
Governing Law, Jurisdiction and Venue<\/span><\/h2>\n
Indemnification<\/span><\/h2>\n
These Terms of Use May Change<\/span><\/h2>\n
Entire Agreement<\/span><\/h2>\n