Terms & Conditions

Welcome to dressempire.com.  Please take the time to review our Terms & Conditions.  This is a binding contract between you (“User”) and Dress Empire, LLC (“DELLC”). 

Acceptance

The following terms and conditions govern your use of this Service.  The ‘Data’ included in this site includes, but is not limited to, the dresses, dress description, designer description, prices, designers, reviews, news, blogs, press releases, promotions, etc.  By accessing, viewing or using the Data and materials on this site, you agree to be bound by these terms and conditions.  If you do not agree to these terms and conditions, please do not use this Service, the Data or the materials.  We reserve the right to update or revise these terms and conditions.  You can find the updates or revisions by visiting this page and/or by email notification.  Continued use of this Service after posting changes constitutes your acceptance of those changes.

Electronic Communication

When you visit this site, send emails to DELLC, or request information via email or cell phone, you are communicating with us electronically and consenting to receive communications electronically.  In the event of mobile notifications, data, text or SMS charges may apply from your cellular provider.  Please ask your cellular provider.  This consent also includes receiving Notices posted to this Service electronically. 

Statement of Privacy

Click Privacy Policy here to review our Statement of Privacy.

Purpose of DELLC

DELLC, through its site dressempire.com (the “Service”), is an ecommerce site dedicated to selling fashion dresses.  For more information on the Service please check out the FAQ.

Any other use of DELLC (such as reselling a dress or to use DELLC as a means of generating revenue through the sale of dresses or information to others) is strictly prohibited and is a violation of this Agreement.

DELLC reserves the right to withhold, remove, discard or change prices on any content or item available as part of your purchase, with or without notice. For avoidance of doubt, DELLC has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Service.

Service Eligibility

You represent and warrant that you (a) are not under the age of 18; (b) are a U.S. Resident; (c) have not previously been suspended or removed from the Service; (d) are not a direct competitor of the Service; and (e) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.  If you are under the age of 18, you may use dressempire.com only with the involvement of a parent or guardian.  DELLC reserves the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

Dress Information

Dress descriptions, images, specifications and other information have either been provided by the Designer or collected from publicly available sources.  DELLC attempts to be as accurate as possible. However, DELLC does not warrant that the Dress information or other content of this site is accurate, complete, reliable, current, or error-free. If a purchase offered is not as described, your sole remedy is to return your purchase or seek remedy with the designer. 

The DELLC makes no warranties or representations whatsoever with regard to any Service provided or offered, and you acknowledge that any reliance on representations and warranties provided shall be at your own risk.

Dress Purchase

You can purchase a dress through the Site as a GUEST or REGISTERED USER.  Your request goes out to DELLC and we will promptly pack and ship your purchase.  You will not be charged until your item is shipped.    Should, for any reason, your dress no longer be in stock, we will notify you immediately.

Purchase Confirmation and Shipping

DELLC will notify you when your purchase is confirmed. Information included in the purchase information may include estimated shipping time and preferred shipping method.  DELLC will endeavor to keep you informed as to the status of your purchase, but we rely on third party information for the shipping information.  The information you enter when your purchase a Dress is captured for the purpose of the fulfillment of the purchase.  DELLC is not responsible for the accuracy of the shipping status nor will we independently confirm the veracity of the information.           

Dress Cancellation

Users are asked to cancel any purchases within two hours by verbal or written notice. A cancellation made after the two hour time frame will be subject to a fee equal to the base rate of the purchase, which is the etc..  DELLC reserves the right to terminate this agreement at any time or to block an IP address from future usage of the Service without cause.

Users Account

As a registered user (User(s)) of the Service, Users are entirely responsible for any and all activities which occur under their account, whether authorized or not authorized. User agrees to notify the DELLC of any unauthorized use of User’s account or any other breach of security known or should be known to the User.  User’s right to use the Service is personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent of the DELLC. As a Guest User, the User is responsible for the information they put in the Site when purchasing a dress.

Payment Methods

DELLC uses third parties to process credit cards.  The methods of payment accepted are limited to the third party's capabilities.  Currently, DELLC uses http://www.powerpay.biz/ for its merchant account.  For their terms of service and privacy policy, please refer to their website policies.

Modifications and Interruption to Service

DELLC reserves the right to modify or discontinue the Service with or without notice to the User. The DELLC shall not be liable to User or any third party should the DELLC exercise its right to modify or discontinue the Service. User acknowledges and accepts that the DELLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 

Intellectual Property

This site and its contents are protected by U.S. and international copyright, patent and trademark laws including, but not limited to, the Site and its content, names and/or logos, photos, news, blogs, press releases, information, materials, documents made available to you, logo, headers, icons, buttons and look and feel.  Third parties whose materials and code appear on this website may own their respective copyrights and trademarks.  You acknowledge and agree that the Data, service and any necessary software used in connection with this Service 

contain proprietary and confidential information that is protected by the applicable U.S. and International copyright and trademark laws.  You are granted a limited non-exclusive and non-transferable right to use this Service for personal use as outlined in these Terms and Conditions.  You may not copy, disseminate, download, reproduce, reverse engineer or publish the content except where expressly set forth in these Terms and Conditions or with the prior written consent of DELLC.

DRESS EMPIRE is a proprietary mark of DELLC.  DELLC’s trademarks may not be used in connection with any product or service that is not provided by the DELLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DELLC.

License and Limitations on Use

By use of this Service you are granted a limited non-exclusive and non-transferable license to access the site and make personal use of this Service.  You are granted a limited license to (a) view the Data on your screen, (b) print the Data, (c) transfer Data to a personal handheld device including a personal digital assistant, mobile phone, smartphone or any other mobile device used for personal view, (d) save the Data or (e) transfer a copy to a third party provided that there is an option to 'share' the information as provided by the Service or the individual user that created that content and provided you do not remove the copyright notices or proprietary legend that appear and do not modify the Data in any way.  You shall not derive or attempt to derive the source code or structure of all or any part of the materials, Data or Services by reverse engineering, disassembly, decompilation or any other means.  Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or any other intellectual property right of DELLC, except for the right of use expressly set forth in these Terms and Conditions.

Each User grants DELLC a license to use the content such as reviews supplied by each such User for the purposes of disclosure on the Service.

This license includes, inter alia, the right for DELLC to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of DELLC and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).

Each User expressly authorizes DELLC to modify said content in order to conform to the interface or display requirements of the Service or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of DELLC for any purpose other than for those purposes strictly related to use of the DELLC services for personal purposes.

Linking Policy

DELLC welcomes linking to our site.  Linking to our site is by limited license only.  We request that you notify us of your linking to our Site.  Agreement to link to our site does not represent an endorsement by DELLC and reserves the right to revoke linking at any time.  We will not knowingly link to any site that contains illegal, questionable or immoral content.  Any affiliate linking can be done by request.  Please contact us at customerservice@dressempire.com. 

Third Party Links and Endorsements

DELLC does not make any representations or warranties to any third party websites available to access through this website.  Any website is independent of DELLC.  As well, any website linked to DELLC may or may not be affiliated with DELLC.  It is up to you to make an independent decision regarding your interaction or 

communication with such website.  As such, you hold DELLC free from liability and responsibility when communicating or interacting with such websites.

DELLC encourages you to report anything that you find offensive to customerservice@dressempire.com.  The content may be removed upon review and should DELLC find the content not to be objectively offensive, DELLC maintains the right to repost. 

DELLC is not responsible for and does not endorse any third party advertising, Dress or other materials on or available from such web sites or resources. The Services may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave the Site and access the Third Party Site or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the site.

Disclaimer of Warranties and Limitations of Liability

DELLC PROVIDES THE SITE AND THE DATA ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DELLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SAME.  DELLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE, THE APP AND THE DATA ARE FREE FROM VIRUSES AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR SPECIFIC NEEDS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND DATA ARE OF SATISFACTORY QUALITY, ACCURATE, OR NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO ADVICE OR INFORMATION GIVEN BY DELLC CREATES A WARRANTY OR EXPANDS THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.  YOUR USE OF THIS SITE, THE APP AND THE DATA IS SOLELY AT YOUR OWN RISK.

THE MATERIALS, THE APP AND THE DATA MAY INCLUDE INACCURACIES WHETHER TECHNICAL OR TYPOGRAPHICAL ERRORS.  DELLC HAS THE RIGHT AT ANY TIME TO CHANGE, MODIFY, AND TO DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE, THE APP, MATERIALS OR PRODUCTS.  DELLC HAS NO OBLIGATION TO PROVIDE YOU WITH NOTICE OF ANY SUCH CHANGES.

DELLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE HOSTED SITE, SPECIFICATIONS, MOBILE APPLICATION AND THE DELLC PURCHASE TOOLS, INCLUDING WITHOUT LIMITATION ANY (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (C) IMPLIED WARRANTY OF NONINFRINGEMENT.  DELLC WILL HAVE NO LIABILITY TO DESIGNER OR ANY CUSTOMERS FOR (I) ANY FAILURE OF THE SYSTEMS OF DELLC OR ANY THIRD PARTY THAT RESULTS IN THE FAILURE OR INABILITY TO PROCESS A TRANSACTION THROUGH THE DELLC PURCHASE TOOLS, OR (II) THE QUALITY OF THE DRESS PURCHASESS PROVIDED BY DESIGNER TO CUSTOMERS.

UNDER NO CIRCUMSTANCES SHALL DELLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS SITE OR THE DATA, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, 

NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DELLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

UNDER NO CIRCUMSTANCES SHOULD THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ALL CLAIMS ARISING IN CONTRACT, EQUITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT) ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL PAYMENTS PAID OR PAYABLE BY USER TO DELLC UNDER THIS AGREEMENT IN THE MOST RECENT SIX (6) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

IN ADDITION, DELLC ACCEPTS NO RESPONSIBILITY OR LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  THE DELLC LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

DELLC DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE BY OTHER USERS OF THE COMMUNITY; THEREFORE, DELLC DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

Indemnity

You agree to indemnify and hold DELLC and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of this Data.

Termination

You may terminate this Agreement for any or no cause at any time with notice to DELLC, which shall be effective upon DELLC processing such notice. DELLC may terminate the Agreement for any or no cause at any time with or without notice, which shall be effective immediately or as may be specified in the notice.

In furtherance and without limiting the foregoing, DELLC has adopted a policy of terminating, in appropriate circumstances and at DELLC’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. DELLC may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Applicable Law/Disputes

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Materials and this website shall be filed only in the state or federal courts located in New York, 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.

Severability

If any provision of this Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices

We may notify you via postings on www.dressempire.com, or via email or by any other communication means based on the contact information you provide to us. You may also notify us via email at info@dressempire.com or via mail or courier at:

Dress Empire, LLC

Attn: Customer Service

Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

No informal waivers, agreements or representations

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any DELLC Affiliate shall be deemed legally binding on any DELLC Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of DELLC.

No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, DELLC LLC for any third party that assumes our rights and obligations under this Agreement.

Claims Regarding Copyright Infringement

We strictly adhere to the Take Down Procedures as outlined by the Digital Millennium Copyright Act.  Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, DELLC has designated an agent to receive notices of claimed copyright infringement.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact us at:  customerservice@dressempire.com or by email at : 

Dress Empire, LLC

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

For all other complaints, please contact us at: 

Email - info@dressempire.com

Mail:

Dress Empire, LLC