Effective: April 28, 2018
Via this website and through the related Social Media accounts including but not limited to Instagram™ and Facebook™, CoiledCrown™, a subsidiary of Chateau de Gervais, LLC. (used interchangeably with “CoiledCrown,” “We,” “Us,” “Our,” “Chateau de Gervais,” “The Company”) provides various apparel, accessories, and other products for both retail and wholesale (the “Service(s)”) in exchange for payment by you, the customer.
These Terms constitute the entire Agreement between You and Chateau de Gervais, LLC and govern Your use of the Website. These Terms act to supersede any prior agreements between You and Chateau de Gervais, LLC.
Please read these Terms carefully before using our Service.
BY DISCLOSING YOUR PERSONAL INFORMATION, including your shipping and billing address, your payment information, by registering for an account, and/or by selecting “purchase” or some similar button, you acknowledge that you:
have read our Terms,
understand these Terms, and
accept and agree to be bound by these Terms of Service.
If you disagree with these Terms, please do not use the Services or this Website. If You, at any time find that you are not willing to be bound by these terms, you should, wherever and whenever applicable:
select “I do not accept” or similar button, and
immediately cease to use and refrain from the future use of accessing or using the Services.
At CoiledCrown™, we want You to be satisfied with your purchases made on our Website. Purchases made via Amazon.com are not eligible for returns on this website and so, you must contact the Amazon seller directly. Items that are indeed eligible for returns may be returned to CoiledCrown™ in accordance with any Return Policy posted on this Website. You may find our return policy here or by clicking the link at the bottom of the webpage marked, “Return Policy.”
PROMOTIONS AND CONTESTS
Any and all promotional events or contests described and/or posted on this website shall be governed by the rules and regulations specific to each event in accordance with state, federal, or international law.
The contents of this website, its Services, and all other materials made publically or privately available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by CoiledCrown™, Chateau de Gervais, LLC., 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.
All illustrations, animation, artwork, logos, graphics, design and text of this website is the exclusive copyrighted work of CoiledCrown™, a subsidiary of Chateau de Gervais, LLC. All rights reserved. Any unlawful reproduction and/or redistribution of designs, content, etc. featured on this website and related social media accounts without prior express and explicit permission granted directly from the copyright owner is strictly prohibited. For your protection, it is strongly recommended that you use the proper channels to either lease, purchase, commission artwork, or otherwise license the artwork of CoiledCrown™ should you wish to feature the artwork for your own purposes. Please note that CoiledCrown™ and related companies fully intend to pursue litigation for any and all acts of plagiarism or theft of intellectual property and recommend proper, legal licensing to avoid costly legal intervention including but not limited to filing fees, attorneys fees, and other associated fees and/or fines as a result of the illegal downloading, replicating, or reproduction of our intellectual property.
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.
In the event you are granted with any limited, revocable license by Us, these Terms do not grant You any right, interest, or ownership to/of the materials and/or other elements of the Services, or of our other intellectual property rights whether by implication, estoppel, or otherwise. Any and all service marks or trademarks or that We use in relation with the Services are marks owned by Us. These Terms do not grant You any license, right, or interest in these or other marks, and You may not assert any license, interest or right, in these marks nor any words nor designs that may be cause for confusion based on similarity to such marks.
You may not publish, transmit, modify, or participate in the sale or transfer, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, perform, display, distribute, or in any way exploit, any of the content on this Website, or the Services (including software), in part or in whole.
Chateau de Gervais, LLC. and its subsidiaries do not claim ownership of user-generated material or content. Any and all articles, text, photographs, other images, graphics, music, videos, sounds, audio recordings, files, communications, profiles, comments, suggestions, ideas, or other feedback, questions, or concepts, data or other content that you:
(i) submit or post on this website, on any of our blogs, related social media accounts or through tools or applications that we provide for posting or sharing such content with us; or
(ii) have previously posted or uploaded to your social media accounts, including but not limited to Facebook, Tumblr, Instagram, Pinterest, and Twitter, which are tagged with #CoiledCrown, #RebelLikeRoyalty, #WornWithPride or any other hashtag promoted by CoiledCrown™ (collectively “User Content”)
shall be deemed as non-confidential and nonproprietary.
By submitting or posting any User Content, you grant CoiledCrown™ and its affiliates a perpetual, worldwide, royalty-free, irrevocable, sub-licensable and transferable license to publish, copy, translate, reformat, modify, distribute, sell, display, cache, create derivative works from, reproduce, transmit, host, archive, store, publish, broadcast, use or otherwise exploit all or any portion of the User Content, including your name, persona and likeness included in any User Content and your social media account username, handle, real and/or legal name, profile picture and/or any other information associated with the User Content, in any manner that is either commercial or noncommercial whatsoever, in part or in whole, in any and all distribution channels, media, forms, or technology, whether now known or hereafter developed, including but not limited to in stores, emails, web pages, printed marketing materials, social media accounts and for any other marketing, public relations, advertising, sales or promotional purposes with or without attribution and without further notice to you.
Neither you, nor any entity, or other person(s), 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.
CoiledCrown™ will be free to use any know-how, ideas, techniques, or concepts contained in such User Content for any purpose whatsoever, including but not restricted to manufacturing, developing, and marketing products that integrate or otherwise depend upon such information. The Company 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. The Company 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 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;
(ii) 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;
(iii) you are 18 years of age or older; and
(iv) the User Content does not
(a) include 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) include any addresses, email addresses, phone numbers or any contact information or
(e) contain computer viruses, worms or other harmful files.
Chateau de Gervais, LLC. and its subsidiaries do not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else.
Upon request by CoiledCrown™, Chateau de Gervais, LLC., or its subsidiaries, you will furnish CoiledCrown™ any documentation, substantiation or releases necessary to verify your compliance with these Terms.
By submitting or posting the User Content you fully and unconditionally release and indefinitely discharge CoiledCrown™, its officers, directors, employees, parent company, and agents from any and all claims, demands and damages (whether they be actual or consequential, direct or indirect), whether now known or unknown, of every nature and kind that relates to, arises from, or is 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 CoiledCrown™ 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 CoiledCrown™ 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. CoiledCrown™ simply acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If CoiledCrown™ becomes aware of any User Content that allegedly may not conform to these Terms, CoiledCrown™ may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. CoiledCrown™ has no liability or responsibility to Users for performance or nonperformance of such activities.
CHATEAU DE GERVAIS, LLC. 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 COILEDCROWN™ FOR SUCH REMOVAL AND/OR DELETION. CHATEAU DE GERVAIS, LLC. 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.
The materials on Chateau de Gervais, LLC.’s Website are provided “as is” Chateau de Gervais, LLC. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Chateau de Gervais, LLC. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Chateau de Gervais, LLC. nor the Website has control over the quality or fitness for a particular function of a product. Chateau de Gervais, LLC. likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Chateau de Gervais, LLC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Chateau de Gervais, LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Chateau de Gervais, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Chateau de Gervais, LLC. DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Chateau de Gervais, LLC. ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Chateau de Gervais, LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Chateau de Gervais, LLC.’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100)
REVISIONS AND ERRATA
Though we are dedicated to ensuring you can receive the most up to date information on this Website, the materials appearing on the Chateau de Gervais, LLC.’s Website, http://www.CoiledCrown.com could include technical, typographical, or photographic errors. Chateau de Gervais, LLC. does not warrant that any of the materials on its Website are accurate, complete, or current. Chateau de Gervais, LLC. may make changes to the materials contained on its Website at any time without notice. Chateau de Gervais, LLC. does not, however, make any commitment to update the materials.
In addition, it is not currently possible 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. If you have concerns regarding availability, please contact us by email using the Contact Us page or through our Social Media accounts.
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.
BY USING THIS WEBSITE 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.
TERMS OF SERVICE AMENDMENTS
We reserve the right to alter, terminate, or otherwise amend Services available through this Website that may also be advertised on related Social Media accounts. We may, in the future, also offer new and/or different services and/or features through Our Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
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.
VOLUNTARY USER ACCOUNT TERMINATION
If applicable, you may terminate any account You have established on this Website at any time upon written notice to Us.
You accept to defend, indemnify, and hold safe Chateau de Gervais, LLC., its affiliates, subsidiaries, and their corresponding officers, directors, agents and workers, in anyway arising from harmless from any and all claims, related to, or in connection with your use of the website, your violation of the Terms or the postings or transmission of any materials on or through the website by you. You are solely responsible for the User Content. This indemnity includes but is not limited to, any third-party claim that any information or materials you provide infringe on any third-party proprietary right. You also agree to defend and indemnify Chateau de Gervais, LLC. and CoiledCrown™ against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, including but not limited to damages, costs and expenses, including reasonable attorneys’ fees affirming or resulting from:
(i) any Content of most material You offer to the Site,
(ii) Your use of any Content, or
(iii) Your breach of the terms of these Terms.
Chateau de Gervais, LLC. will provide notice to You promptly of any such claim, match, or case.
This agreement is entered into in the state of Florida, city of Miami, Florida. Any claim relating to Chateau de Gervais, LLC.’s Website shall be governed by the laws of Florida without regard to its conflict of law provisions. You consent to exclusive jurisdiction and venue in the courts of Miami-Dade County and Florida for any dispute arising from or related to this Agreement.