Black Cashmere Labs, Inc. (d/b/a Naja) (“Naja,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access our website (the “Website”) and use our Services.
1. DESCRIPTION AND USE OF SERVICES
Naja is an online retailer for lingerie.
We provide Visitors and Registered Users with access to the Services as described in this Agreement.
Visitors. Visitors, as the term implies, are people who don’t register with us, but want to poke around and see what the Services are all about. No login is required for Visitors. Visitors to can browse our lingerie collections, view all publicly-accessible content and e-mail us.
Registered Users. Login is required for all Registered Users, who can do all the things that Visitors can do, and: (a) purchase the products and services offered through the Services; (b) participate in our exclusive promotional offers and sweepstakes, (c) sign up for alerts and other notifications, and (e) post comments.
2. COMMUNITY GUIDELINES
Naja’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another;
- Please be courteous, because everyone wants to be treated with respect, and showing respect to others makes the community better for all members;
- Unless otherwise agreed with us, please don’t use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme.
- Don’t post off-topic comments. Please keep your comments relevant to the video, product, or individual concerned.
- You will not access or use the Services to collect any market research for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
- Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any User Submissions that do not adhere to these guidelines.
Naja may contact you or provide you with service-related and or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
At Naja we are committed to providing our customers with excellent quality at fair prices. We have done our best to display our merchandise as accurately as possible on the site. Please note that variations in color, style, size, and shape may occur. If you are not satisfied with your purchase, please contact us at firstname.lastname@example.org.
6. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), your email address, a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Naja will not be liable for any loss or damage caused by any unauthorized use of your account.
7. INTELLECTUAL PROPERTY
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Naja (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Naja (“Naja Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Naja. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Naja Trademarks, the “Trademarks”). Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Naja Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
8. USER SUBMISSIONS; LICENSES; AND PUBLICITY
YOU, AND NOT NAJA, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER SUBMISSIONS THAT YOU UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT VIA THE SERVICES.
You expressly acknowledge and agree that once you submit your User Submissions for inclusion into the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Submissions, including, without limitation, any personally identifying information that you may make available online. If the Services provide you with the option of limiting the sharing of a particular User Submission at a particular time, Naja will honor the option you have selected for that User Submissions at that time, but any such selection shall apply only to that User Submission and not more generally to all of your User Submissions across the Services.
You retain all copyrights and other intellectual property rights in and to anything you upload to the Services. You do, however, hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish, publicly perform, and publicly display your User Submissions and associated works, along with the right to excerpt, analyze, index, and create derivative works from your User Submissions and associated works. In addition, you hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, distribute, publicly display, and publicly perform such User Submissions as permitted through the functionality of the Services. These licenses shall extend from the time you upload the User Submission to the Services until a commercially reasonably time after you remove it, and shall extend to any media now known or hereafter devised.
You also hereby grant Naja an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Submissions, in whole or in part, and the names, images, likenesses, and photographs of all those affiliated with your User Submissions, and any associated trademarks or service marks to advertise or promote the Services and/or Naja. This license shall extend from the time you upload the User Submission to the Services until a commercially reasonably time after you remove it, and shall extend to any media now known or hereafter devised.
9. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
10. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE USER SUBMISSIONS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTENT, THE SERVICES, AND THE USER SUBMISSIONS AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, ITS CONTENT, OR THE USER SUBMISSIONS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT, THE USER SUBMISSIONS, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT, THE USER SUBMISSIONS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM (I) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY USER SUBMISSION; OR (II) THE USE OR INABILITY TO USE THE CONTENT, THE USER SUBMISSIONS, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. THE SERVICES MAY CONTAIN INFORMATION ON THE PRODUCTS AND SERVICES OF CERTAIN COMPANIES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SERVICE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
11. EXTERNAL SITES
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
(a) You hereby represent, warrant, and covenant that:
- You are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement;
- Use of your User Submissions in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Services any User Submissions that violates our community guidelines set forth above.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, the User Submissions, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
13. COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content and/or the User Submissions may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services, the Content, or the User Submissions from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
14. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.