Legal Information / Use of the web site
The web site is owned and operated by Shaktiboutique.com LLC whose mailing address is 207 Sullivan St, New York, NY 10012.
Unless otherwise noted, all content posted on the web site is:
Copyright ©2012 shaktiboutique.com LLC
If you believe that your work has been posted on the web site in a way that constitutes copyright infringement, please follow the DMCA notice and take-down procedure described below.
All design and content featured on the web site, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by ITM, LLC and its affiliates.
Shakti Boutique is a registered trademark and service mark.
The web site in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Shakti Boutique.
The contents of the web site and the web site as a whole are intended solely for your personal, noncommercial use. Any use of the web site and/or any of the content posted on the web site for any purpose other than personal and noncommercial is prohibited without the express prior written permission of ITM, LLC Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the web site for any commercial purpose. ITM, LLC grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the web site for your personal, noncommercial use only. All other rights are reserved to ITM, LLC.
You agree that you will not access or use the web site in any manner that could damage, disable, impair or cause undue burden on the web site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the web site, that you will not transmit any virus or worm to the web site, that you will not use any spider, robot or any other automated mechanism to access the web site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the web site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the web site without authorization.
User comments, feedback, postcards and other submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Shaktiboutique.com on or by this web site or otherwise disclosed, submitted or offered in connection with your use of this web site (collectively, the "Comments") shall be and remain Shakti Boutique property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Shakti Boutique of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Shakti Boutique will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Shakti Boutique is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the web site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the web site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
At Shakti Boutique, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at Shakti Boutique will usually be priced the same as merchandise offered at our affiliate Shakti Boutique stores, in some cases, Shakti Boutique stores may have different prices or promotional events at different times.
We have done our best to display as accurately as possible the colors of the products shown on the web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correction of errors and inaccuracies
We endeavor to present the most recent, most accurate and most reliable information on the web site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Shakti Boutique.com purchase you may return it with the original Shakti Boutique.com packing receipt. Please see our Return Policy.
In the event a FreePeople.com or Free People catalog product is listed at an incorrect price due to typographical error or systems error, Shaktiboutique.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Shaktiboutique.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Terms are applicable to you upon your accessing the web site and/or completing the registration or shopping process. These Terms, or any of them, may be terminated by ITM, LLC without notice at any time for any reason. Provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Shakti Boutique may deliver notice to you by means of electronic mail, a general notice on the web site, or by written communication delivered by first class U.S. mail to your address on record in Shakti boutique.com account information.
Enforcement of Terms
By accessing and using the web site, you agree that your access to and use of the web site is subject to these Terms, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of New York & New Jersey, United States of America.
Use of the web site
Harassment in any manner or form on the web site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Shakti Boutique or other licensed employee, host, or representative as well as other members or visitors on the web site is prohibited. You may not upload to, distribute, or otherwise publish through the web 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 web site or use the web site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless Shakti Boutique, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's 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 third-party accessing the web site using your Internet account.
In an attempt to provide increased value to our visitors, ITM, LLC may choose various third-party web sites to link to from its own web site. However, even if the third party is affiliated with Free People Direct, Shakti Boutique has no control over these linked sites, all of which have separate privacy, security, and data collection practices, independent of Shakti Boutique. Shakti Boutique has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Shakti Boutique seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its web site, but for web sites it links to as well (including if a specific link does not work).
THIS WEB SITE AND THE MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FREE PEOPLE DIRECT DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. SHAKTI BOUTIQUE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.ITM, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability
Given the unpredictability of technology and the online environment, Shakti Boutique does not warrant that the function or operation of the web site will be uninterrupted or error-free, that defects will be corrected, or that the web site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of the web site, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of the web site. As a visitor to and a user of the web site, you agree that your access will be subject to the Terms set forth and that access is undertaken at your own risk. Shakti Boutique Direct shall not be liable for damages of any kind related to your use of or inability to access the web site. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL FREE PEOPLE DIRECT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SHAKTI BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FREE PEOPLE DIRECT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHAKTI BOUTIQUE FOR PRODUCTS OR SERVICES PROVIDED BY FREE PEOPLE DIRECT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disputes with Shakti Boutique
If there is any dispute about or involving Shakti Boutique or the web site, you agree that the dispute shall be governed by the laws of the United States, including U.S. copyright and trademark laws, and with the laws of the States of New York/New Jersey, U.S.A., without regard to conflict of law or choice of law provisions and you agree to the exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York (Manhattan).
Copyright policy for the web site
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Shakti Boutique to terminate the privileges of any user of the web site or member who infringes the copyright rights of others upon receipt of prompt notification to Shakti Boutique by the copyright owner or the copyright owner’s legal agent.
DMCA notice & take-down procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on the web site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the web site;
(iv) your address, telephone number, and e-mail address;
(v) a written 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;
(vi) 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.
The Copyright Agent for Free People Direct for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows: by e-mail at , by telephone at (212) 505-2093, and by mail at 207 Sullivan St. Suite 4, New York, NY. 10012. USA.
Privacy and Security. Use of the web site is also governed by our Privacy and Security Policy, located on the web site and incorporated into these Terms by this reference.
Your use of the web site constitutes your acceptance of these Terms and your continued use confirms that acceptance.
These Terms constitute the entire agreement between you and Free People Direct regarding the use of the web site.
Any failure of Free People Direct to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms shall operate to the fullest extent permissible by law.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Additional Rules Governing Content Posted by Users on the Web Site
Free People Direct does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Member Content”) that you post to the web site. After posting your Member Content to the web site, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or through the web site, you hereby grant to ITM, LLC an irrevocable, fully-paid and royalty-free, non-exclusive, sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content solely on and through the web site.
The license you grant to ITM, LLC/Shakti Boutique is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to Shakti Boutique), fully-paid and royalty-free (meaning that Free People Direct is not required to pay you for the use of the Member Content that you post), sublicenseable (so that affiliates of Free People Direct and subcontractors such as Internet content delivery networks are able to provide the web site), and worldwide (because the Internet and the web site are global in reach).. The license does not grant to Shakti Boutique the right to sell your Member Content, nor does the license grant to Shakti Boutique the right to distribute your Member Content other than on the web site.
You represent and warrant that: (i) you own the Member Content posted by you on or through the web site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through the web site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Member Content posted by you to or through the web site.
Content posted by Free People Direct on the web site (“Free People Content”) is protected by copyright, trademark, patent, trade secret and other laws, and Shakti Boutique owns and retains all rights in Shakti Boutique Content and on the web site. Shakti Boutique Direct hereby grants to you a limited, revocable, non-sublicenseable, royalty-free license to reproduce and display Shakti Boutique Content (excluding any software code) solely for your personal use in connection with viewing the web site.
The web site contains Member Content, Shakti BoutiqueContent and content licensed byShakti Boutique from third parties (“Licensed Content”). You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any Shakti Boutique Content or Licensed Content appearing on or through the web site.Shakti Boutique Direct may edit and/or delete any Member Content posted on the web site that, in the sole judgment and discretion of Shakti Boutique, is undesirable, violates these Terms and/or the purposes of the web site and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity. Shakti Boutique Direct assumes no responsibility for monitoring the web site or for inappropriate Member Content or conduct. If at any time Shakti Boutique chooses, in its sole discretion, to monitor the web site, Shakti Boutique Direct nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the user submitting any such Member Content.
You are solely responsible for the Member Content that you post on or through the web site, and any material or information that you transmit to users of the web site and for your interactions with other users. Shakti Boutique does not endorse and has no control over any Member Content. Member Content is not necessarily reviewed by Shakti Boutique prior to posting and does not necessarily reflect the opinions or policies of Shakti Boutique. Shakti Boutique makes no warranties, express or implied, as to the Member Content or to the accuracy and reliability of the Member Content or any material or information that you or other members transmit to each other.
The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through the web site. Shakti Boutique Direct reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Shakti Boutique, violates this provision, including without limitation, removing the offending communication from the web site and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Shakti Boutique:
• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• criticizes any business or individual;
• harasses or advocates harassment of another person or entity;
• exploits any person in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under the age of 13;
• promotes information that the member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from users of the web site;
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• includes a photograph of another person that you have posted without that person’s consent.
Certain activities as set forth below are prohibited on the web site. Free People Direct reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Free People Direct, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
• criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• any automated use of the system, such as using scripts to add friends or send comments or messages;
• interfering with, disrupting, or creating an undue burden on the web site or the networks or services connected to the web site;
• attempting to impersonate another user of the web site, member, or any other person;
• using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring your profile, without permission from Free People Direct;
• using any information obtained from the web site in order to harass, abuse, or harm any person or entity;
• displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through the web site on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
• using the web site in a manner that is inconsistent with any and all applicable laws and regulations.
You are solely responsible for your interactions with other users of the web site Shakti Boutique reserves the right, but has no obligation, to monitor disputes between you and other users of the web site.
Shakti Boutique is not responsible for any incorrect or inaccurate Content posted on the web site, whether caused by users or by any of the equipment or programming associated with or utilized by the web site. Profiles created and posted by users of the web site may contain links to other web sites. Shakti Boutique is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by Shakti Boutique. Inclusion of any linked web site on the web site does not imply approval or endorsement of the linked web site by Shakti Boutique. When you access these third-party sites, you do so at your own risk. Shakti Boutique takes no responsibility for third party advertisements which are posted on this web site, nor does it take any responsibility for the goods or services provided by its advertisers. Shakti Boutique is not responsible for the conduct, whether online or offline, of any user of the web site. Shakti Boutique assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Shakti Boutique is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the web site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the web site. Under no circumstances shall Shakti Boutique Direct be responsible for any loss or damage, including personal injury or death, resulting from use of the web site, attendance at a Shakti Boutique Direct event, from any content posted on or through the web site, or from the conduct of any Users of the web site, whether online or offline. The web site is provided “AS-IS” and as available and Free People Direct expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Shakti Boutique Direct cannot guarantee and does not promise any specific results from use of the web site.
Special admonitions for international use of the web site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Effective date: October 1, 2012