Terms of Use

Welcome to Atelier Wu's website located at www.jessicacoutures.com (the “Website”). By using the Website you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the Web site. If you do not accept these Terms of Use, then you may not use the Website. These Terms of Use are subject to change by Atelier Wu at any time, effective when posted on the Website. Your continued use after such notice will constitute acceptance by you of such changes.

PERMITTED USE OF THE WEBSITE: You may use this Website only for your personal and non-commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations. The Website may only be used by you for commercial purposes if Atelier Wu has specifically authorized you to use the Website for such purposes.

The Website may provide you with the ability to embed content on other websites. You may only use such features as permitted by the website. You are solely responsible for such use and activities, including but not limited to ensuring that you have the right from such other websites to include such content.

IMPERMISSIBLE USE OF THE WEBSITE: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store, analyze or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Website to any third party.

REGISTRATION: You may use the Website without registration, but in order to take advantage of some aspects of the Website, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

USER CONTENT: Jessica Coutures may permit you to upload content to use in connection with features available on the Website (“User Content”). You hereby grant Atelier Wu a perpetual, irrevocable, royalty-free license to use, display, catalogue, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Web site. Atelier Wu is under no obligation to screen or monitor User Content but may review User Content from time to time at its sole discretion to review compliance with these Terms of Use. Atelier Wu will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.

ACCEPTABLE USE POLICY (“AUP”): You are solely responsible for the User Content that you post on the Website or transmit to other users (including emails) and agree that you will not hold Atelier Wu responsible or liable for any User Content from other users that you access on the Web site.

You may not post any User Content unless you have the right to upload such content to the Web site. You may not post any content that is defamatory, abusive, obscene, profane or offensive; infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website); violates any party’s right of publicity or right of privacy (such as a photo of another person without their permission); is threatening or harassing; is illegal or violates any application law, rule, regulation, agreement or obligation.
If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Atelier Wu at info@jessicacoutures.com.

TERMINATION OF ACCESS: In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

PRIVACY: The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

LINKS: This Website may contain links to other websites not maintained by us. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other websites or services. Despite any links to other websites that might exist on the Website, we do not endorse and are not affiliated with such third parties.

PROPRIETARY RIGHTS AND DESIGNS ON THE WEBSITE: Atelier Wu or its licencors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Web site. This includes the rights to all dresses, accessories, brand names and other products on the Web site. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials shown on the Website without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Atelier Wu and its licencors.

NO WARRANTIES: THE WEBSITE, INCLUDING ALL CONTENT, MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. DUE TO TECHNICAL LIMITATIONS, COLORS AND DESIGNS MAY APPEAR DIFFERENTLY ON THE WEBSITE THAN THEY DO IN PERSON. THE WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT JESSICA COUTURES SHALL NOT BE BOUND BY ANY SUCH ERRORS.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).

INDEMNITY: You agree to defend, indemnify and hold harmless Jessica Coutures, its officers, directors, employees, licencors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by Jessica Coutures) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

GOVERNING LAW: The laws of the New Zealand government shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW ZEALAND FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEBSITE.
Any claims asserted by you in connection with the Website must be asserted in writing to Atelier Wu within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

SEVERABILITY: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

CONTACT INFORMATION: Should you have any questions you may contact us at info@jessicacoutures.com

EFFECTIVE DATE: These Terms of Use were last updated on 10 Nov 2018