TERMS AND CONDITIONS OF USE
Last Updated 1st June, 2015
Welcome to cremepastels.com. CremePastels provides website features and other products and services to you when you visit or shop at timepiecesnigeria.com, use CremePastels products or services, use CremePastels applications for mobile, or use software provided by CremePastels in connection with any of the foregoing (collectively, "CremePastels Website Services"). CremePastels provides the CremePastels Website Services subject to the following conditions.
By using CremePastels Website Services, you agree to these conditions. Please read them carefully.
We offer a wide range of CremePastels Website Services, and sometimes additional terms may apply. When you use an CremePastels Website Service (for example, Your Profile, Gift Cards, CremePastels Instant Video, Your Media Library, or CremePastels applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that CremePastels Website Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any CremePastels Website Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other CremePastels Website Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any CremePastels Website Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of CremePastels or its content suppliers and protected by Nigerian and international copyright laws. The compilation of all content included in or made available through any CremePastels Website Service is the exclusive property of CremePastels and protected by Nigerian and international copyright laws.
We have a non-exhaustive list of CremePastels trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CremePastels Website Service are trademarks or trade dress of CremePastels in Nigeria and other countries.CremePastel's trademarks and trade dress may not be used in connection with any product or service that is not CremePastel's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CremePastels. All other trademarks not owned by CremePastels that appear in any CremePastels Website Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CremePastels.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, CremePastels or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CremePastels Website Services. This license does not include any resale or commercial use of any CremePastels Website Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CremePastels Website Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by CremePastels or its licensors, suppliers, publishers, rightsholders, or other content providers. No CremePastels Website Service, nor any part of any CremePastels Website Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CremePastel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CremePastels without express written consent. You may not use any meta tags or any other "hidden text" utilizing CremePastel's name or trademarks without the express written consent of Timepieces Nigeria. You may not misuse the CremePastels Website Services. You may use the CremePastels Website Services only as permitted by law. The licenses granted by CremePastels terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any CremePastels Website Service, 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. CremePastels does sell products for minors, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the CremePastels Website Services only with involvement of a parent or guardian. CremePastels reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CremePastels reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CremePastels a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CremePastels and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CremePastels for all claims resulting from content you supply. CremePastels has the right but not the obligation to monitor and edit or remove any activity or content. CremePastels takes no responsibility and assumes no liability for any content posted by you or any third party.
CremePastels respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from CremePastels are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
CremePastels does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, CremePastels does not take title to the refunded item. For more information about our returns and refunds, please see our Delivery, Return, Refund and Cancellation Policy.
CremePastels attempts to be as accurate as possible. However, CremePastels does not warrant that product descriptions or other content of any CremePastels Website Service is accurate, complete, reliable, current, or error-free. If a product offered by CremePastels itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any CremePastels Website Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by CremePastels, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by CremePastels is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
CREMEPASTELS SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with CremePastels Website Services (the "CremePastels Software").
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CREMEPASTELS WEBSITE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CREMEPASTELS WEBSITE SERVICES ARE PROVIDED BY CREMEPASTELS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CREMEPASTELS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CREMEPASTELS WEBSITE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CREMEPASTELS WEBSITE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CREMEPASTELS WEBSITE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CREMEPASTELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CREMEPASTELS DOES NOT WARRANT THAT THE CREMEPASTELS WEBSITE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CREMEPASTELS WEBSITE SERVICES, TIMEPIECES NIGERIA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CREMEPASTELS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREMEPASTELS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CREMEPASTELS WEBSITE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CREMEPASTELS WEBSITE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any CremePastels Website Service, or to any products or services sold or distributed by CremePastels or through CremePastels.com will be resolved by binding arbitration, rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Zephyr Technologies Nigeria Limited, 3 F13 close, Mount Pleasant, Mbora, Jabi – Airport Road, Jabi, Abuja, Nigeria. The arbitration will be conducted by the Lagos Multi-Door Courthouse under its rules. Payment of all filing, administration and arbitrator fees will be governed by the Lagos Multi-Door Courthouse's rules. We will reimburse those fees for claims totaling less than N50,000 unless the arbitrator determines the claims are frivolous. Likewise, CremePastels will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or Reference number used to make purchases for retail purchase information.
Additional CremePastels Software Terms
Use of the CremePastels Software. You may use CremePastels Software solely for purposes of enabling you to use and enjoy the CremePastels Website Services as provided by Timepieces Nigeria, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the CremePastels Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the CremePastels Software or otherwise assign any rights to the CremePastels Software in whole or in part. You may not use the CremePastels Software for any illegal purpose. We may cease providing any CremePastels Software and we may terminate your right to use any CremePastels Software at any time. Your rights to use the CremePastels Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain CremePastels Software that are specifically identified in related documentation may apply to that CremePastels Software (or software incorporated with the CremePastels Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any CremePastels Website Service is the property of CremePastels or its software suppliers and protected by Nigeria and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the CremePastels Software, whether in whole or in part, or create any derivative works from or of the CremePastels Software.
Updates. In order to keep the CremePastels Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.