CM
INCH
Terms and Conditions
TERMS OF USE
MOODSTORIES TERMS OF USE
Updated and effective as of January 1, 2020
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND MOODSTORIES AGREE THAT DISPUTES BETWEEN YOU AND MOODSTORIES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
Welcome to MOODSTORIES. Please take a few minutes to review these Terms. Your use of the MOODSTORIES.one website or other websites, applications, or features MOODSTORIES owns or controls on which we post a link to these Terms (collectively, "MOODSTORIES Channels" or "our Channels"), regardless of how you access them, constitutes your agreement to follow these Terms and to be bound by them. IF YOU DO NOT AGREE, PLEASE DO NOT CONTINUE USING OUR CHANNELS.
In some instances, a separate document will provide supplemental conditions applicable to a service or product offered via our Channels ("Additional Terms"), in addition to these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review our Privacy Policy, which is also applicable to your use of our Channels.
Use of our Channels is unauthorized in any jurisdiction where all or any portion of the Channels may violate any legal requirements, and you agree not to access the Channels in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk.
We reserve the right to refuse access to any user we determine, in our sole discretion, is not complying with these Terms, and to discontinue any of our Channels at any time for any reason.
THESE TERMS MAY CHANGE
MOODSTORIES reserves the right to modify or add to these Terms at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via our Channels, and that your use of our Channels after we post the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms every time you use our Channels.
ELIGIBILITY
The Channels are not targeted towards, or intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Channels under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By installing, accessing, or using the Channels, you represent that you are at least eighteen (18) years of age or the age of majority in your state of residence, or at least thirteen (13) years of age and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Channels and agree not to interfere with the use and enjoyment of the Channels by other Users and MOODSTORIES operation or management of the Channels.
REGISTRATION AND ACCOUNT CREATION
MOODSTORIES may at times require that you register and/or set up an account to access or use certain portions of the Channel, or the Channel as a whole. The decision to provide the information necessary to do so is purely optional, but if you elect not to provide the required information, you may not be able to access or use certain materials or features of our Channels. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
With respect to any registration or account creation, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; (e) promptly notify MOODSTORIES if you discover or otherwise suspect any security breaches relating to the Channels; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. We may refuse to grant you, and you may not use, a user name or email address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only. If you use the Channels, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.
TERMINATION
MOODSTORIES reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Channels, and to block or prevent future access to and use of the Channels if you violate any of these Terms. Upon any such termination, your right to use the Channels will immediately cease. You agree that any termination of your access to or use of the Channels may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access by you to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Channels or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms that are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
PURCHASING ITEMS FEATURED ON THE WEBSITE
MOODSTORIES takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that MOODSTORIES does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at order@moodstories.info
PRICING ERRORS AND OMISSIONS
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that MOODSTORIES reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
CANCELLATION, RETURNS AND REFUNDS
IMPORTANT: With limited exceptions, returns are refunded via store credit redeemable on MOODSTORIES.one. MOODSTORIES does not issue store credit for the original shipping charges.
With limited exceptions, we do not provide pre-paid return labels; you are responsible for covering shipping costs to return.
Online Returns Policy
Please be sure to send us your item(s) back in full accordance with our Return Policy:
Items must be sent back within 30 days of the delivery date.
Items must be unworn, unwashed, and have original tags attached. Shoes must be unworn, show no signs of wear, and returned in their original packaging.
After contacting our support team, an agent will create an unpaid shipping label and will send it to you to print and attach to the package.
Upon receiving the return and passing inspection, support agent creates a store credit for the customer to use for purchasing an exchange, etc
We are not liable for any return packages that may become lost or stolen in-transit. Please keep your proof of postage and/or return tracking number when shipping back your returns.
Returns are processed within 5-7 business days after your item(s) are delivered to us.
For customer service questions relating to the previously existing MOODSTORIES in-person stores and any orders placed online prior to January 1, 2020, please use the following link to get your questions answered: www.ascenaretail.com/customer-inquiries/
USER-GENERATED COMMUNICATIONS
We may provide user comment areas, chat rooms, message boards, interactive user communities, or other areas on our Channels ("Community Forums") where users can engage in social networking, interact with others and with us, as well as have the opportunity to submit photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or other content, including personal information (collectively, "User Submissions"). For each User Submission you send, post, upload, or otherwise make available to our Channels, you grant to MOODSTORIES and its parent, subsidiaries, and affiliates an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Submission and your name, voice, likeness, and other identifying information in connection with that User Submission via any media now known or later developed, without any compensation or further notice to you.
Representation and Warranty. By submitting a User Submission, you represent and warrant that:
You are the sole author and owner of the intellectual property and other rights thereto;
Subject to applicable laws, all "moral rights" that you may have in such content have been voluntarily waived by you, even if the User Submission is altered or changed in a manner not agreeable to you;
All content that you post is honest, accurate and not misleading;
You will not impersonate any other person, user or company or upload or post User Submissions that you know are false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company;
Use of the content you supply does not violate these Terms and will not cause injury to any person or entity;
Your User Submission relates to the content on our Channels and is intended to add to the discussion and community on our Channels and does not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters);
Your User Submission is not for commercial purposes and does not advertise or promote a product or service except those provided on our Channels;
You will be respectful of others' opinions and comments so we can continue to build a Community Forum for everyone to enjoy. If you think your User Submission might offend someone, chances are it probably will and it does not belong on a Community Forum; AND
Your User Submission is suitable for a public forum.
You further agree and warrant that you will not submit any User Submission:
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance, rule or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, indecent, obscene, hateful, racially or religiously biased or offensive, unlawfully threatening, unlawfully harassing, abusive, or threatening to any individual, partnership or corporation, or negative toward or connected to national origin, gender, sexual preference or physical handicap. Cursing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited and your User Submission may not threaten abuse or harm others;
That includes any information that references other websites, or personal information about you or another person (e.g., full name, password, phone number, address, e-mail address, financial information, other personally identifiable information or contact information, or information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature);
That contains any computer viruses, worms or other potentially damaging computer or electronic programs, code or files; or
That promotes violence or describes how to perform a violent act.
Please remember that each Community Forum is a public forum and any User Submission that you post on a Community Forum will be accessible and viewable by other users.
All User Submissions that you submit may be used at our sole discretion. We do not guarantee that you will have any recourse through our Channels to edit or delete any content you have submitted. You acknowledge that you, not MOODSTORIES, are responsible for the content of your User Submission. Neither we nor the MOODSTORIES Affiliates are responsible for, and we do not endorse, any User Submission posted in Community Forums or elsewhere on our Channels.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Submission. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Submission. Because we may not prescreen User Submissions, if your User Submission contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Submission. You agree that MOODSTORIES has no obligation to monitor or enforce your intellectual property rights to your User Submission, but has the right to protect and enforce its and its licensors' licensed rights to your User Submission.
No Confidential Relationship, Compensation, or Liability. Except as may otherwise be described in our Privacy Policy, any User Submission will be treated as non-confidential and non-proprietary, and we will not be liable for any use or disclosure of any User Submission. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Submission does not place MOODSTORIES in a position that is any different from the position held by members of the general public, including with regard to your User Submission. None of your User Submissions will be subject to any obligation of confidence on the part of MOODSTORIES, and we will not be liable for any use or disclosure of any User Submission that you provide.
You agree that if you submit content, information, ideas, suggestions, designs, or other materials to MOODSTORIES, those materials are submitted voluntarily. You also understand and acknowledge that: (a) MOODSTORIES has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; (b) you will not be entitled to any compensation (nor will MOODSTORIES be obligated to negotiate with you) as a result of our use of any similar or identical material; and (c) we do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your rights in and to any materials you submit to us.
No Obligation to Use. You agree and understand that we are not obligated to post, keep, or use your User Submission.
SCREEN SHARING SERVICE
As a convenience to you, MOODSTORIES may offer you the ability to allow a MOODSTORIES Customer Service Representative to view what is on your device screen for purposes of helping you on our Channels. Your participation in that service is subject to these Terms, and is voluntary. The service can be initiated only by you. If you agree to screen sharing, a MOODSTORIES Customer Service Representative is able to access and view any data and applications present on your device screen at that time. Please close out of any confidential or other sensitive data or information prior to consenting to share your screen. You may close your screen-sharing session at any time by clicking the disconnect button in the screen share window or by closing your browser window. Note that we cannot guarantee that the provision of this service will resolve your issue or that the service will always be available. Also note that the screen share service is not the same as allowing technical support for or control over your device, and therefore, you remain solely responsible for all actions taken on your device.
THIRD-PARTY SERVICES AND CONTENT
From time to time, our Channels may contain third party content, or links to websites, services, or other resources owned or operated by parties other than MOODSTORIES (collectively "Third Party Services"), that we feel may be of interest to you. We do not monitor or control Third Party Services and are not responsible for or warrant their content, offerings, availability, or operation. The publication of or links to Third Party Services shall not be deemed an endorsement by MOODSTORIES or any of its affiliates of the third party or the Third Party Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers, or any other user of our Channels, are those of the respective author(s) or distributor(s) and not of MOODSTORIES. Neither we nor any third-party provider of information or content guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. You should not assume that the information contained on our Channels has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
To the maximum extent permitted by applicable law, neither MOODSTORIES nor any of its affiliates will be liable for loss or damage caused by your reliance on information obtained through our Channels. It is the responsibility of a user to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through our Channels. NO INFORMATION ON OUR CHANNELS RELATING TO HEALTH AND/OR FITNESS SHOULD BE DEEMED TO BE MEDICAL ADVICE AND WE DO NOT PURPORT TO BE MEDICAL EXPERTS. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE UNDERTAKING ANY HEALTH OR FITNESS PROGRAM. We encourage you to review all policies, rules, terms, and regulations including the privacy policies and terms of use of each and every Third Party Service that you visit.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SERVICES PROVIDED BY OUR CHANNELS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
OUR CHANNELS ARE OPERATED BY MOODSTORIES ON AN "AS IS," "AS AVAILABLE" BASIS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOODSTORIES, INC. AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (COLLECTIVELY, THE "MOODSTORIES AFFILIATES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE SERVICES OR MATERIALS ON OUR CHANNELS FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MOODSTORIES AFFILIATES AND ALL THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF OUR CHANNELS IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER MOODSTORIES,ITS AFFILIATES OR THEIR AGENTS, OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR CHANNELS, THE MATERIALS IN OUR CHANNELS, THE DELAY OR INABILITY TO USE OUR CHANNELS, OR OTHERWISE ARISING IN CONNECTION WITH OUR CHANNELS, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, OR ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE MOODSTORIES BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE MOODSTORIES AFFILIATES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE MOODSTORIES AFFILIATES, OR FOR THE MOODSTORIES AFFILIATES' GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
MOODSTORIES AND ITS AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON OUR CHANNELS IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold MOODSTORIES and its Affiliates harmless from and against any and all claims, demands, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of our Channels or your breach or alleged breach of your representations, warranties and obligations in these Terms.
YOU ACKNOWLEDGE THAT MOODSTORIES HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO AND PRODUCTS AND SERVICES ON THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH MOODSTORIES PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
OUR COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, without limitation, logos, text, brand names, images, designs, photographs, graphics, music and sound, video clips, look and feel, and written and other materials that appear as part of our Channels, individually and collectively (the "Materials"), are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered, owned, controlled, or licensed by MOODSTORIES; its parent, subsidiaries, or affiliates; its content providers; and/or others. Nothing on our Channels should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Materials displayed or used on our Channels, without the prior written permission of the owner of the Materials. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
We grant you limited permission to view our Channels and to download and print individual pages from our Channels for your own personal, noncommercial use, provided that you agree to, and accept without modification, the notices, terms, and conditions set forth in these Terms. No right, title, or interest in any materials is transferred to you as a result of any such downloading, copying, or printing.
If you download any software or files from our Channels, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the software or files, data accompanying the download and any files transmitted to you as part of our email or similar services (collectively, the "Downloads"), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form, or transfer the Downloads to any third party. Any Downloads are downloaded and used at your own discretion and risk and you will be solely responsible for any damage or loss of data that results from such Downloads. Your use of the Download may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of the Downloads.
We may grant you, but only through express written permission, the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on our Channels for such purpose ("Viral Distribution"). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal website; or (c) posting and displaying a copy of Materials on a third party website that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party website does not charge for access to those materials or associate those materials with products, services, or advertising. If expressly permitted and made available on our Channels, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate our web pages or any software or other products or processes accessible through our Channels. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by MOODSTORIES.
COPYRIGHT COMPLAINTS UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT, 17 U.S.C 512(C)(3) (DMCA)_
MOODSTORIES respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, pursuant to your rights under the DMCA, please provide MOODSTORIES copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MOODSTORIES that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on our Channels can be reached as follows:
Copyright Agent
MOODSTORIES Legal Department
Email: order@moodstories.info
NOTE: If you believe that any content on our Channels violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you allege that you own or have, and why you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint to order@moodstories.info.
It is often difficult to determine if your intellectual property rights have been violated or if DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Do not make false claims. Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
We will take reasonable steps to notify you if your materials are removed based on a third-party complaint of alleged intellectual property infringement. If you dispute the removal of your materials as a result of the third-party complaint, you have the right under the DMCA to notify us of the mistake or misidentification.
ENFORCEMENT OF RULES AND POLICIES
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third-party advertisers on the Website.
The Terms and the relationship between you and Company shall be governed by the laws of the State of Delaware without regard to any conflicts of laws principles.
ARBITRATION/CLASS ACTION WAIVER/DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary:
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via +1 786 491-4925. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, MOODSTORIES may pay you more than the amount of the arbitrator's award and will pay your actual, reasonable attorney's fees if you are awarded an amount greater than what MOODSTORIES offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.
Arbitration Agreement:
MOODSTORIES and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
claims that arose before these or any prior Terms became effective;
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "MOODSTORIES," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and MOODSTORIES are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.
You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to MOODSTORIES should be addressed to: [addressee and address, Attn: Notice of Dispute (the "Notice Address"). MOODSTORIES may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If MOODSTORIES and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MOODSTORIES may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MOODSTORIES or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we is entitled.
After MOODSTORIES receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitration is currently $300, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, MOODSTORIES will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, MOODSTORIES will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the AIC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
d. All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the "AAA Rules"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.
e. Unless MOODSTORIES and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to us. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.
f. If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then MOODSTORIES will pay you either the amount of the award or $2,000 ("the Alternative Payment"), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the "Attorney's Payment"). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney's Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney's Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of MOODSTORIES last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before MOODSTORIES settlement offer.
g. The right to attorney's fees and expenses discussed in paragraph (f) supplements any right to attorney's fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws MOODSTORIES may have a right to an award of attorney's fees and expenses from you if it prevails in an arbitration, we will not seek such an award.
h. The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND MOODSTORIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and MOODSTORIES agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.
i. If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
j. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
k. Notwithstanding any provision in these Terms to the contrary, either party may bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of these Terms or the Channels.
SEVERABILITY AGREEMENT
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by MOODSTORIES to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National
If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that MOODSTORIES is not liable for any technical problems that may persist or arise with your computer after doing so.
These Terms constitute the entire agreement between you and MOODSTORIES. They govern your use of the Website and Materials and supersede any prior agreements between you and us. MOODSTORIES's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that MOODSTORIES may have under trade secret, copyright, patent or other laws. MOODSTORIES's employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on MOODSTORIES, except in writing signed by an authorized MOODSTORIES. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MOODSTORIES as a result of these Terms or your use of our Channels.
MOODSTORIES's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of MOODSTORIES's right to comply with law enforcement requests or requirements relating to your use of our Channels or information provided to or gathered by MOODSTORIES with respect to such use.
No modification of these Terms shall be effective unless it is authored by MOODSTORIES or its affiliates, or unless it is physically signed by a MOODSTORIES officer. Any alleged waiver of any breach of these Terms shall not be deemed to be a waiver of any future breach. A printed version of these Terms and/or of any notice given by MOODSTORIES in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of our Channels to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by MOODSTORIES in printed form.
In the event that you breach these Terms, MOODSTORIES will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
DISCOUNT POLICY
MOODSTORIES Discount Codes entitle you to an extra percentage (specific to the Discount Promotion) off your next online order from MOODSTORIES.one. To claim your discount, when in the checkout section of your account there is an option to add a code to the “Gift Card or discount code” section, which allows you to enter the promotional code in order to apply it to the order.
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable.
Discount codes exclude clearance items and delivery charges. We reserve the right to withdraw them and refuse or restrict any order at any time.
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Although we will in most circumstances be able to receive your email or other information provided through our Channels (including, without limitation, service requests and other submissions), we do not guarantee that we will receive all such email or other information timely and accurately and shall, unless required by applicable law, not be obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
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The MOODSTORIES LLC.
All Rights Reserved.