TERMS AND CONDITIONS
YOUR USE OF THIS WEB1AM DOLL USA IS GOVERNED BY THESE TERMS & CONDITIONS
By visiting 1am Doll USA (iamdollusa.com) you agree to these Terms & Conditions and the general principles for the 1am Doll USA regardless of whether you have read through all of the applicable terms. These Terms and Conditions only apply to pages on iamdollusa.com. If you follow a link to a domain that differs from iamdollusa.com, these terms and conditions do not apply. As used in these Terms & Conditions, “1am”, “1am Doll USA”, “us” or “we” refers to 1am Doll USA, iamdollusa.com, and its subsidiaries and affiliates. WE RECOMMEND THAT YOU READ THESE TERMS & CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You must accept all of the terms in these Terms & Conditions before you become a registered user or guest of the 1am Doll USA. By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use 1am Doll USA or any service or business offered by 1am Doll USA. In addition, you will also be subject to any additional terms and guidelines applicable to any such separate service and business (which, if inconsistent with these Terms & Conditions, shall control). If you do not agree with any of these Terms & Conditions, including any linked documents, do not use iamdollusa.com.
We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the 1am Doll USA. Each time you use 1am Doll USA, you should review the current Terms & Conditions and all linked documents. Your continued use of the 1am Doll USA will indicate your acceptance of the current Terms & Conditions; but any material change to these Terms & Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms & Conditions that arose prior to the applicable “LAST UPDATED” date in which we included such material change.
We may, at any time: modify or discontinue all or any part iamdollusa.com; charge, modify or offer opportunities to some or all 1am Doll USA visitors.
When you visit 1am Doll USA, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that 1am Doll USA provides to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of 1am Doll USA is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of 1am Doll USA.
You have the option to register with 1am Doll USA when making a purchase. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use 1am Doll USA, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 1am Doll USA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
1am Doll USA reserves the right, without, to terminate your account or your use of 1am Doll USA, and to block or prevent future access to and use of 1am Doll USA if you violate any of these Terms & Conditions. Upon any such termination, your right to use 1am Doll USA will immediately cease. You agree that any termination of your access to or use of 1am Doll USA may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to 1am Doll USA or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
We make available products and services for purchase through 1am Doll USA, and we may use third–party suppliers and service providers to enable e–commerce functionality on 1am Doll USA. If you wish to purchase any product or service made available through 1am Doll USA (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant 1am Doll USA the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with 1am Doll USA do not imply 1am Doll USA’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on 1am Doll USA are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on 1am Doll USA at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from 1am Doll USA. By placing an order, you represent that the products ordered will be used only in a lawful manner. 1am Doll USA reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through 1am Doll USA, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
1am Doll USA strives to display as accurately as possible the colors of the products shown on 1am Doll USA. However, because the colors you see will depend on your monitor, 1am Doll USA cannot guarantee that your monitor’s display of any color will be accurate.
AVAILABILITY, ERRORS AND INACCURACIES
If an item is out of stock, it cannot be purchased. Occasionally, a product package will be updated through the product remains identical. The depiction of the product package you order may differ from the product package you receive.
1am Doll USA’s acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the availability of an item has been confirmed. 1am Doll USA makes a conscientious effort to describe and display its products and services accurately. Despite these efforts, a small number of the items on 1am Doll USA may be described inaccurately or unavailable, and we may experience lags in uploading updates throughout 1am Doll USA. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including, product images, specifications, availability, and services. 1am Doll USA reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
All products have a manufacturing/processing period posted, please be aware of these manufacturing/processing times prior to ordering.
Orders remain under the “Processing” status until the order is completed. When your order completes you will receive an email stating your order is “Completed” and this correspondence will include the carrier and tracking number.
If an item is no longer available, or we determine that there were inaccuracies in our product information, we will contact you directly.
RISK OF LOSS
The risk of loss and title to products purchased 1am Doll USA pass to the purchaser upon delivery to the carrier
Due to the nature of our products, returns or refunds cannot be accepted and all sales are final.
We will only accept returns if you have received an incorrect item due to our error, or a defective item. In these situations we are happy to pay for the return shipping, fix or replace the item at no additional charge and ship it back to you (standard production and shipping times apply).
You have 24 hours after order delivery to report any issue, so please take the time to inspect the shipment.
Once production begins your order cannot be cancelled. However, if production has not begun we can cancel your order less a 15% cancellation fee.
Please take care in providing your shipping information. What you provide is exactly how your shipping label will be printed. Orders returned to us as undeliverable will result in a 15% processing fee and no shipping refund will be issued.
NO UNLAWFUL OR PROHIBITED USES
1am Doll USA may only be used for lawful purposes. As a condition of your use of 1am Doll USA, you warrant to us that you will not use 1am Doll USA for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the 1am Doll USA, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on 1am Doll USA are prohibited.
You are prohibited from violating or attempting to violate the security of 1am Doll USA, including, without limitation:
Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
using 1am Doll USA for unintended purposes or trying to change the behavior of 1am Doll USA;
attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to 1am Doll USA, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
forging any header or any part of the header information in any email or posting; or
forging communications on behalf of 1am Doll USA (impersonating 1am Doll USA) or to 1am Doll USA (impersonating another user).
Sending unsolicited and unauthorized email on behalf of 1am Doll USA, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of 1am Doll USA or any activity being conducted on 1am Doll USA. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search 1am Doll USA other than the search engine and search agents provided by 1am Doll USA or generally publicly available browsers. Violations of system or network security may result in civil or criminal liability.
Further, you will not:
post, transmit, or otherwise make available through or in connection with 1am Doll USA:
Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” cracking,” or “phreaking”; or
Any material, non–public information about a company without the proper authorization to do so;
use 1am Doll USA to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of 1am Doll USA;
impersonate any person or entity, including without limitation any representative of 1am Doll USA; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with 1am Doll USA; or express or imply that we endorse any statement you make;
restrict or inhibit any other person from using 1am Doll USA (including without limitation by hacking or defacing any portion of 1am Doll USA);
use 1am Doll USA to advertise or offer to sell or buy any goods or services without 1am Doll USA’s express prior written consent;
reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to 1am Doll USA;
modify, adapt, translate, reverse engineer, decompile or disassemble any portion of 1am Doll USA;
remove any copyright, trademark or other proprietary rights notice from 1am Doll USA or materials originating from 1am Doll USA;
frame or mirror any part of 1am Doll USA without 1am Doll USA’s express prior written consent; or
create a database by systematically downloading and storing 1am Doll USA content.
Customs departments in each country often have regulations that should be investigated prior to placing orders; these may pertain to duty taxes and-or allowable items. We are not responsible for any additional expenses incurred or for the retention of your order by Customs if it does not pass inspection and you will not be refunded. The customer is responsible for all expenses in these circumstances.
INTELLECTUAL PROPERTY NOTICE
All content included on 1am Doll USA, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of 1AM DOLL USA or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the 1am Doll USA is the exclusive property of 1am Doll USA and protected by U.S. and international copyright laws.
The Content of 1am Doll USA, is intended solely for personal, noncommercial use by the users of 1am Doll USA. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
1am Doll USA and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on 1am Doll USA. Access to 1am Doll USA does not confer and shall not be considered as conferring upon anyone any license under any of 1am Doll USA’s or any third party’s intellectual property rights.
LINKS TO THIRD PARTIES
1am Doll USA may contain links and interactive functionality interacting with third parties. 1am Doll USA is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such third party. Before enabling any sharing functions of 1am Doll USA to communicate with any such third party, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each third party. The links and interactive functionality for third party on 1am Doll USA in no way constitutes an endorsement by us of these third parties. YOUR USE OF THIRD PARTIES RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES — GENERAL
While 1am Doll USA attempts to ensure your access and use of 1am Doll USA is safe, we cannot and does not represent or warrant that the 1am Doll USA or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
1AM DOLL USA AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 1AM DOLL USA ARE PROVIDED BY 1am Doll USA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 1AM DOLL USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF 1AM DOLL USA OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS, SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH 1AM DOLL USA OR ITS SERVERS, OR THAT EMAILS SENT FROM 1AM DOLL USA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF 1AM DOLL USA IS AT YOUR SOLE RISK. 1AM DOLL USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF 1AM DOLL USA OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS, SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF 1AM DOLL USA, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, 1AM DOLL USA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO 1AM DOLL USA AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
THE 1AM DOLL USA DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN AND OTHER PRODUCT INFORMATION ON 1AM DOLL USA IS ACCURATE OR COMPLETE SINCE THIS INFORMATION COMES FROM THE PRODUCT MANUFACTURER OR SUPPLIER AND ON OCCASION MANUFACTURERS MAY IMPROVE THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON 1AM DOLL USA AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
On 1am Doll USA, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third parties. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON 1AM DOLL USA, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party site, you do so entirely at your own risk.
The 1am Doll USA is controlled by 1am USA Incorpoerated from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that 1am Doll USA or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access 1am Doll USA, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit 1am Doll USA’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 1AM DOLL USA OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE 1AM DOLL USA.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE 1AM DOLL USA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH 1AM DOLL USA OR ANY CONTENT ON 1AM DOLL USA, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING 1AM DOLL USA. YOU ACKNOWLEDGE, BY YOUR USE OF THE 1AM DOLL USA, THAT YOUR USE OF 1AM DOLL USA IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the 1am Doll USA, you agree to defend, indemnify and hold harmless 1am USA Incorporated, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of 1am Doll USA, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available:
OnGuard Online (http://onguardonline.gov/).
Please note that we do not endorse these filtering products or services.
ENFORCEMENT OF TERMS & CONDITIONS
BY ACCESSING AND USING 1AM DOLL USA, YOU AGREE THAT YOUR ACCESS TO AND USE OF 1AM DOLL USA IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MISSOURI, UNITED STATES OF AMERICA.
These Terms & Conditions, including policies incorporated herein, constitute the entire agreement between you and 1am Doll USA with respect to iamdollusa.com. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 1am Doll USA with respect to iamdollusa.com. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint ventures or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns regarding your use of 1am Doll USA, please email us: email@example.com.