Terms & Conditions

Overview

These Terms and Conditions (“Terms”) govern your access to and use of the Booty Queen® Apparel, Pants website (the “Site”) and any content, functionality, products, and services offered on or through the Site, whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Policy, found at https://bootyqueen.shop/privacy incorporated herein by reference. If you do not want to agree to the Terms or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you meet all eligibility requirements. If you do not meet all eligibility requirements, you must not access or use the Site.

Changes To the Terms

We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

To access certain features of the Site, you may be required to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.

You are responsible for obtaining and maintaining all devices and other equipment and software needed for access to and use of the Site and all charges related to the same.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Booty Queen Apparel, our licensors and suppliers, and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our prior written permission or that of such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or our products or services (“Submissions”) provided by you are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of Submissions for any lawful purpose, without acknowledgment or compensation to you.

You agree that you will not post, upload, or otherwise transmit any unlawful, defamatory, or obscene Submissions or material that infringes upon our intellectual property rights or the intellectual property rights of any other person or entity.

User Content

We may, in our sole discretion, permit users to post, upload, publish, submit, or transmit relevant content such as product reviews or comments (“User Content”). User Content submitted, posted, uploaded, published, submitted or transmitted shall be subject to the terms of our Privacy Policy and these Terms.

By posting, uploading, publishing, submitting, or transmitting User Content on or through the Site, you represent, warrant, and agree that:

You are solely responsible for your User Content. Company has no obligation to monitor or enforce compliance with this Agreement by you or any other party.
You own the User Content posted by you on or through the Site or otherwise have the right to grant the licenses specified below.
Your User Content does and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation.
Your User Content is not provided with any expectation of confidentiality and may be reproduced, distributed, modified, created derivative works of, publicly displayed, publicly performed, republished, downloaded, stored, or transmitted by us in order to host, store, distribute and publish your User Content through the Site.
We will not be required to treat your User Content as confidential or proprietary and will not be liable for any use or disclosure of your User Content.
We have the right, but not the obligation, to monitor, edit, disclose, not to post, or to remove at any time, any User Content for any reason in our sole discretion.
You grant Company a perpetual, worldwide, irrevocable, transferable, sublicensable, non-exclusive, royalty-free license to reproduce, store, adapt, publicly display, publicly perform, modify, create derivative works, publish, distribute and use your User Content for commercial or non-commercial purposes.
You are prohibited from posting or transmitting any User Content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, indecent, lewd, violent, harassing, discriminatory, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable material of any kind or nature.
You may not post or transmit any User Content containing personal health information about any individual.
You may not post or transmit any User Content containing software viruses or malware or any other harmful or deleterious programs.
We may, but have no obligation to, monitor disputes between you and other users of the Site.

Any use in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimers

THE SITE, CONTENT, PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES:

THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE FREE FROM ERRORS, BUGS, OR INTERRUPTIONS
REGARDING THE RELIABILITY, CAPACITY, TIMELINESS, ACCURACY, COMPLETENESS, CORRECTNESS, QUALITY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, PRODUCT, SERVICE, SOFTWARE, TOOL, OR UTILITY AVAILABLE ON THE SITE.
THAT ANY DEFECTS OR ERRORS ON THE SITE WILL BE CORRECTED.
THAT THE SITE AND ONLINE CONTENT ARE FREE OF VIRUSES AND OTHER HARMFUL CONTENT OR COMPONENTS.
REGARDING MERCHANDISE, PRODUCTS, SERVICES OR INFORMATION OFFERED FOR SALE OR PROVIDED THROUGH THE SITE.

CONTENT, INCLUDING PRICING INFORMATION FOR PRODUCTS AND SERVICES, MAY CONTAIN ERRORS OR INACCURACIES. THE COMPANY WILL MAKE REASONABLE EFFORTS TO VERIFY PRICING INFORMATION, BUT DOES NOT GUARANTEE THE ACCURACY OF ANY SUCH INFORMATION. THE COMPANY RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER BASED ON INCORRECT PRICING INFORMATION.

THE SITE MAY CONTAIN LINKS TO THIRD PARTY SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY, ACCURACY, CONTENT OR POLICIES OF SUCH SITES OR RESOURCES. LINKS TO SUCH SITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY OR AFFILIATION WITH THE COMPANY. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH SITES OR RESOURCES.

THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE AND/OR ANY CONTENT, PRODUCT, SERVICE, INFORMATION AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Indemnification

You will defend, hold harmless and indemnify Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnified Parties”) from and against any third party claims, damages (including, but not limited to, direct, indirect, punitive and consequential damages and attorney’s fees and costs), allegations, lawsuits and other proceedings brought against any Indemnified Party in connection with, arising out of or relating to any User Content you post, upload, publish, submit or transmit on or through the Site, your use of or inability to use the Site, your breach or alleged breach of the Terms, your violation of any rights of another or any other acts or omissions.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms, our Privacy Policy and any policies incorporated herein by reference constitute the sole and entire agreement between you and Booty Queen Apparel regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

This website is operated by Booty Queen Apparel, Pants, located at 123 Main Street, San Francisco, CA 94105.

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].

Thank you for visiting the Site.