Creative Designs by Diane Farris - Unique Pieces for Unique People

Terms of Use

These Terms of Use were last updated on April 2, 2017.

These Website Terms of Use govern your use of our website: openclothesoriginals.com (the “Website”). By using the Website, you agree to follow these Terms of Use.

Changes to Terms
Please read these Terms of Use regularly, as they may change at any time. By using the Site after a change in the Terms of Use, you agree to follow and be bound by the Terms of Use as changed.

Site Contents
Everything you see or receive from or on the Website (“Content”) is copyright, trademark, trade dress or other intellectual property owned by Open Clothes Originals, or their respective licensors. Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Website as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in the Terms of Use transfers to you any right, title or interest in any Content. The downloading or export of software or technical data from the Website to any jurisdiction in violation of United States export laws is strictly prohibited. We may change, suspend, restrict or discontinue any aspect of the Website at any time, including any Website feature, service or Content.

Use of The Site
You promise to make only lawful use of this Website. You promise not to post, upload or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Product Display
We have made every effort to accurately display the products featured on the Website. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor’s display of any color, texture, or merchandise details will be accurate; however, we do unconditionally guarantee your satisfaction with any merchandise order. If for any reason you are not completely satisfied with your purchase, please return the item for an exchange or refund of the purchase amount.

Web Site Errors
We attempt to provide the most recent, accurate, and reliable information on our Website. However, there may be occasions when information featured on our Website may contain typographical errors, incomplete data, inaccuracies, or items featured on the Website that are no longer in stock. We do not warrant that the information accessible via the Website is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.

Limitations on quantity
We do not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card or PayPal account, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. We reserve the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Site Changes
In order to keep our Website current with our latest fashion ideas, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to our Website will still be available when you visit again. We reserve the right to make changes to the Website without prior notice. Many of our products are unique and one of a kind, so once an item has been sold, it most likely is out of print. Should you be unable to locate an item you saw on a previous visit to our Website, please contact us and we will make every effort to create a solution that meets your needs.

User Comments and Submissions
We welcome your comments regarding the Website, our products and our services. However, any information you transmit to the Website is not, and will not be treated as private, confidential or proprietary, and we shall not be liable for any use or disclosure of that information. We shall be entitled to a non-exclusive license to use your comments and submissions for any purpose whatsoever, commercial or otherwise, without compensation to you. This use may include personal information about you and your use of the Website. Please review our Privacy and Security Policy for more information.

Disclaimer
Neither Open Clothes Originals, or their affiliates or subsidiaries, warrant that your use of the Website, the operation of the Website, or any services offered on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website is free of viruses or other harmful elements. As a user of the Website, your access is undertaken at your own risk. Neither Open Clothes Originals or their affiliates or subsidiaries shall be liable for damages of any kind related to your use of or inability to use the Website, even if they knew or should have known of the potential for such damages.

If you are dissatisfied with the Website, any Contents, or any of the terms, we would like to hear from you. However, your only legal remedy is to stop using the Website.

Indemnification
You agree to defend, indemnify and hold harmless Open Clothes Originals, their affiliates and subsidiaries; and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website in violation of any of these Website Terms of Use.

Miscellaneous
We display the Website and the Content solely to market and promote products and services in the United States. These Website Terms of Use shall be construed according to the laws of the State of New Jersey, without regard to its conflicts of laws provisions. Exclusively the state and federal courts of the State of New Jersey shall resolve any dispute arising under or relating to these Website Terms of Use, the Contents, your use of the Website, or products or services purchased using the Website. By using the Website, you consent to the jurisdiction and venue of New Jersey courts with respect to any such dispute.

If any provision of these Website Terms of Use, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Website Terms of Use, and the rest of the Website Terms of Use shall remain in full force and effect. These Website Terms of Use are the entire agreement between you and Open Clothes Originals and their affiliates and subsidiaries relating to the Website. These Website Terms of Use supersede and cancel any prior written or oral agreement between you and Open Clothes Originals and their affiliates and subsidiaries relating to the Website, which shall have no further force or effect. All rights not expressly granted herein are reserved.

Termination
Your failure to comply with these Website Terms of Use automatically revokes your authorization to use the Website and terminates all rights granted to you under the Website Terms of Use. Your obligations to Open Clothes Originals and their affiliates and subsidiaries relating to the Website shall continue upon termination of your rights under the Website Terms of Use, including restrictions regarding the Content, disclaimers and liability limitations under the Website Terms of Use. If your rights are terminated, you must promptly destroy all Content obtained from the Website, as well as all copies of Content.

One or more patents may apply to the Website, including without limitation: U.S. Patent Nos. 5,528,490.

Last Edited on 2017-04-02