TERMS AND CONDITIONS
Please carefully read these terms and conditions as stated. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The Site and its content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. Unless otherwise indicated, all of the content featured or displayed on the Site, including but not limited to text, graphics, and photographic images are owned by QMP. Copyright 2008, QMP, ALL RIGHTS RESERVED.
The Site and all its content are intended for viewing only. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.tovholy.com or purchasing Tov products.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Tov. You further agree not to change or delete any proprietary notices from materials obtained from Tov.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Tov has adopted a policy of terminating, in appropriate circumstances and at Tov Images’ sole discretion, account holders who infringe the intellectual property rights of Tov or any third party.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including QMP or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless Tov, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Trademarks
All trademarks, service marks and trade names of Tov used in the site are trademarks or registered trademarks of QMP.
Third-Party Links
In an attempt to provide increased value to our visitors, Tov may link to sites operated by third parties. However, even if the third party is affiliated with Tov, Tov has no control over these linked sites, all of which have separate privacy and data collection practices, independent of QMP. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tov seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).
Limitation of Liability
Tov shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tov has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Inaccuracy Disclaimer
From time to time there may be information on QMP that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your purchase, you may request a return to Tov. Please see our Return Policy for details.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Tov products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tov products) must be commenced within one (1) year after the claim or cause of action arises. QMP’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tov may assign its rights and duties under this Agreement to any party at any time without notice to you.
Termination
This Agreement is effective unless and until terminated by either you or QMP. You may terminate this Agreement at any time. QMP also may terminate this agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in QMP’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or QMP, you must promptly destroy all materials obtained from this Site or directly from QMP, as well as all copies of such materials whether made under the terms of this Agreement or otherwise. These terms and conditions, or any part of them, may be terminated by QMP without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Warranty Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WHOLESALE FASHION YET SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.