Terms of Service
EFFECTIVE DATE: May 30, 2018
Through this Website and related Social Media accounts, including without limitation Facebook™, Snapchat™, and Instagram™, Noche Blanca (“Noche Blanca,” “We,” “Us,” “Our”) makes available a variety of fashion-forward clothing and accessories on wholesale and retail basis (the “Service(s)”) in exchange for payment by You.
These Terms constitute the entire Agreement between You and Noche Blanca and govern Your use of the Website, and they supersede any prior agreements between You and Noche Blanca.
Please read these Terms carefully before using our Service.
By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT INFORMATION, SHIPPING AND BILLING ADDRESS, creating an Account, and/or clicking “Complete Order” or other similar button, You acknowledge that You:
- have read these Terms,
- understand these Terms, and
- accept and agree to be bound by them.
If You disagree with these Terms, please do not use the Services or Our Website. If at any time You are not willing to be bound by these terms, you should, where applicable:
- click the “I do not accept” or similar button, and
- immediately cease and refrain from accessing or using the Services.
Noche Blanca wants You to be satisfied with your purchases from this Website. Eligible items may be returned to Noche Blanca in accordance with any Return Policy posted on this Website.
PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Website shall be governed by the rules regulating such event.
Property of Noche Blanca
The contents of the Services, including the Website and other materials made available via related Social Media, are protected by Canadian copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Noche Blanca, or the party credited as the provider of the materials. You agree to abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and any of Our third party licensors own and shall continue to own all right, title, and interest in and to the materials and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to You herein, these Terms do not grant You any ownership or other right or interest in or to the materials and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant You any right, license, or interest in such marks, and You shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the content on this Website, or the Services (including software), in whole or in part.
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you
(i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or
(ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #NOCHEBLANCA or any other Noche Blanca promoted hashtag (collectively “User Content”) shall be deemed non confidential and nonproprietary.
By submitting or posting any User Content, you grant to Noche Blanca and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.
Neither you, nor any other person or entity, will have the right to
(i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms, or
(ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content.
Noche Blanca will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Noche Blanca shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Noche Blanca retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that
(i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
(ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
(iii) you are 18 years of age or older; and
(iv) the User Content does not
(a) contain false or misleading information,
(b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party,
(c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content,
(d) contain any addresses, email addresses, phone numbers or any contact information or
(e) contain computer viruses, worms or other harmful files.
Upon request by Noche Blanca, you will furnish Noche Blanca any documentation, substantiation or releases necessary to verify your compliance with these Terms.
Noche Blanca does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else.
By submitting or posting the User Content you fully and unconditionally release and forever discharge Noche Blanca and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:
(i) disputes between you and one or more users or any other person or entity, or
(ii) the use by Noche Blanca or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
You acknowledge and agree that Noche Blanca has no control over, and shall have no liability for any damages resulting from the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Noche Blanca acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Noche Blanca becomes aware of any User Content that allegedly may not conform to these Terms, Noche Blanca may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Noche Blanca has no liability or responsibility to Users for performance or nonperformance of such activities.
NOCHE BLANCA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST NOCHE BLANCA FOR SUCH REMOVAL AND/OR DELETION. NOCHE BLANCA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY
We are committed to providing You with a reasonably accurate catalogue of clothing, fashion accessories, and information regarding the same. However, there may be inadvertent technical or factual inaccuracies and typographical errors, including reference to product availability, product descriptions, pricing, and others, from time to time. Therefore, We reserve the right to change this site and make corrections at any time without notice.
In addition, it is impossible for Us to predict and otherwise account for changes across all product and service providers at all times. Certain products, goods, and services described on this site may not be available for purchase in or delivery to your region or jurisdiction.
Noche Blanca makes no warranties or representations of any kind regarding any third-party site to which you may be directed or hyperlinked from this Website. Hyperlinks are included for your convenience only, and Noche Blanca makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information, products, and/or services provided in such third-party sites. Similarly, we do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on this Website.
In no event will We be liable to You or any party related to You for any damage or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES AND FEATURES ASSOCIATED WITH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Any testimonials, reviews, or other user opinions regarding this Service viewable on this Website or related Social Media are based on individual experiences using this Service. There is no guarantee that you will experience the same level of satisfaction.
YOU HEREBY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms.
You may terminate any account You establish via this Website at any time upon written notice to Us.
You agree to defend, indemnify and hold Noche Blanca, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
You are solely responsible for the User Content and you hereby agree to indemnify and hold Noche Blanca and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Governing Law and Disputes
These Terms in all respects shall be governed by and construed according to the laws of the Province of Ontario. The venue for any dispute shall be in the City of Toronto.
This Agreement is entered into in Toronto, Ontario. You agree and consent to the exclusive jurisdiction and venue of the province of Ontario and country of Canada for any dispute arising from or related to this Agreement.