Terms & Conditions

1. General Terms

Welcome to Comely Boutique! Comely Boutique ("Comely Boutique" or the "website") is an online and mobile service that allows you to showcase your merchandise quickly, easily and beautifully on the web. Comely Boutique is a product of Comely, Inc. ("Comely," "we," "our," or "us").

By using or accessing Comely Boutique, you hereby agree, (i) that you have read and understand these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance herewith; (ii) to be bound by these Terms and Conditions, any terms, conditions or other policies of Comely, which are posted on the Comely Boutique website, including our Privacy Policy, which are hereby incorporated by reference, and any terms, conditions or other social media or similar services, such as Facebook, Twitter or Pinterest, that Comely Boutique may interact with, as each may be amended or supplemented from time to time without notice; and (iii) that your use of Comely Boutique shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use. If you do not agree with any portion of these Terms and Conditions or any other terms, conditions or policies of Comely, you are prohibited from using or accessing Comely Boutique.

Additionally, and without limiting the foregoing, by using or accessing Comely Boutique, you represent and warrant that you: (a) are eighteen (18) years of age or older; (b) if using Comely Boutique on behalf of a business, have the authority to bind that business and your acceptance of these Terms and Conditions will be treated as an acceptance by that business, (c) are not currently restricted from using Comely Boutique, or not otherwise prohibited from having a Comely Boutique account, (d) are not a competitor of Comely Boutique or are not using Comely Boutique for reasons that are in competition with Comely Boutique or any other product or service offered by Comely; (e) have full power and authority to enter into and perform these Terms and Conditions and the terms, conditions or other policies of Facebook or other social media or similar services, and doing so will not violate any other agreement to which you are a party; (f) will not violate any rights of Comely or any other party using Comely Boutique, including intellectual property rights such as copyright or trademark rights; and (g) agree to provide at your cost all equipment, software and internet access necessary to use Comely Boutique.

You acknowledge that these Terms and Conditions may change or be amended from time to time, and agree to review notices regarding any such changes.  If you continue to use Comely Boutique, such amended Terms and Conditions shall henceforth govern the terms of our relationship.

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree as follows:

  • That you are solely responsible for the activity that occurs on your account, that you will keep your account login and password secure, that you will immediately notify Comely of any compromise of your credentials or any unauthorized use of your account of which you become aware, and that Comely is not liable for any loss or damage arising from your failure to keep your account login and password secure; 
  • That the content, materials and other intellectual property contained or embodied in Comely Boutique are owned or licensed by Comely and are protected by copyright, trademark and other similar laws;
  • Not to decompile, reverse engineer, attempt to decompile or reverse engineer, copy or modify the software underlying Comely Boutique or any portion thereof in any manner or form including, without limitation, for the purpose of obtaining unauthorized access to the website;
  • Not to remove any trademark, copyright or other proprietary notations, designation or notice from Comely Boutique;
  • Not to use copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
  • Not to transmit, send or otherwise post unauthorized commercial communications (such as spam) using Comely Boutique;
  • Not to collect personal information, content or other information related to users of Comely Boutique, Facebook or other social media or similar services;
  • Not to access Comely Boutique using any automated means, including, without limitation, harvesting bots, robots, spiders or scrapers;
  • Not to upload, use or disseminate viruses, corrupted files or other malicious code or other abusive scripts or processes that may damage or adversely affect the operation of another person's computer, Comely Boutique, any software or hardware or telecommunications equipment;
  • Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
  • Not to bully, intimidate, defame, abuse, stalk, threaten or harass any person;
  • Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Comely in its sole discretion;
  • Not to disseminate any materials or advertisements or develop or operate any application containing tobacco, alcohol or other content the appropriateness of which depends on the age of the viewer or recipient, without sufficient restrictions, the sufficiency of which may be determined by Comely in its sole discretion;
  • Not to choose a user name that is, as determined by Comely in its sole discretion, obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn;
  • Not to use Comely Boutique in any manner that is, or could reasonably be construed to be, unlawful, fraudulent, misleading, inaccurate, malicious or discriminatory;
  • Not to engage in, facilitate or encourage any violations of these Terms and Conditions, and terms, conditions or other policies of Comely or any terms, conditions or other policies of Facebook and other social media or similar services, as each may be amended or supplemented from time to time without notice;
  • Not to take any action that could disable, overburden, or impair the operation or availability of Comely Boutique, such as a denial of service attack; 
  • Not to take any other action that could result in any damage or disruption to Comely Boutique, or that could otherwise result in any liability, damages, costs or expenses on the part of Comely; and
  • Not to take any other actions deemed by Comely to be against the interests of Comely Boutique or its users.

2. Licenses

By using Comely Boutique, Comely hereby grants to you a revocable license to use Comely Boutique for the purposes set forth on the website and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by Comely in connection with Comely Boutique. Such license is freely revocable and terminable by Comely at any time, for any reason or no reason and in the sole discretion of Comely. Without limiting the foregoing, this revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of Comely. Upon revocation or termination of this revocable license, you acknowledge that Comely may deny your access to Comely Boutique and any other Comely services in its sole discretion. Any information of a user whose license is revoked or terminated will be preserved or disposed of in accordance with the terms of the Privacy Policy.

Comely reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Comely Boutique and all related items, including any and all copies made of the Comely Boutique website.

Comely does not claim ownership of any content, ideas, concepts, techniques or data you submit to Comely Boutique.  However, you grant to Comely and its heirs, successors and assigns a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable (through multiple tiers), fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, adapt, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly, to Comely Boutique, including, but not limited to, any user-generated content, ideas, concepts, techniques or data you submit to Comely Boutique ("User Content"), without any further consent, notice and/or compensation to you or to any third parties. Without limiting the generality of the foregoing, Comely acknowledges that any such information will be protected in accordance with the terms of the Privacy Policy. Any information you submit to Comely is at your own risk of loss, and Comely assumes no liability or responsibility therefor.

3. Copyright and Content Ownership

Comely acknowledges that it has no intellectual property ownership rights (including, without limitation, patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, trade secret rights and all other intellectual property and proprietary rights as may now exist or hereafter come into existence) other than the license granted by our Terms and Conditions, agreements with our users or as otherwise specifically agreed to by the relevant parties in any User Content.  Any such User Content remains the property of such Comely Boutique user. However, by allowing your online content to be viewed publicly, including any content developed using Comely Boutique, you acknowledge and agree that such public content may be freely viewed and shared. You further acknowledge and agree that Comely is not, in any manner, responsible for the security or protection of any intellectual property or similar content uploaded to Comely Boutique, the enforcement of any intellectual property or similar rights with respect to such content, and that Comely shall not be liable for any claims, damages, liabilities or other costs or expenses related thereto.

Comely does not pre-screen or regularly screen or review any content uploaded to or used in connection with Comely Boutique, but reserves the right at any time and in its sole discretion, to screen and review any content uploaded to or used in connection with Comely Boutique, and to remove any content found to violate these Terms and Conditions.

You grant us the right to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on Comely Boutique for the purposes of operating the website and providing other service(s) to you and to our other users. Nothing in these Terms shall restrict Comely’s rights to User Content under separate licenses.

4. Violation; Termination of Account

Comely reserves the right to investigate violations of any of these Terms and Conditions or any other policies of Comely or Comely Boutique, or any other violations of any federal, state or local law, rule or regulation, and to pursue any remedy available to Comely whether at law, in equity or otherwise. You hereby acknowledge and agree that Comely may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of Comely or Comely Boutique, and any other violations of any federal, state or local laws, rules or regulations. You further acknowledge and agree that Comely has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through Comely Boutique, but has the right to do so at any time in its sole discretion. 

You further acknowledge and agree that Comely may at any time, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the account of any user who violates these Terms and Conditions or otherwise posts, submits or disseminates content that Comely finds, in its sole discretion, to be objectionable.

You acknowledge and agree that Comely may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. Comely may refuse, in its sole discretion, to permit any use of Comely Boutique, and may at any time refuse to permit any person to use Comely Boutique for any reason or no reason.

Upon termination of your account, you continue to be bound by these Terms & Conditions.

5. Modifications to Comely Boutique

Comely reserves the right to, and you acknowledge and agree that Comely may, modify Comely Boutique, including without limitation the services offered thereby, and the fees, costs and pricing associated with Comely Boutique at any time by providing notice through the Comely Boutique website or by other means. Without limiting the generality of the foregoing, Comely reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Comely Boutique (or any part thereof) without notice. Any new features that augment or enhance the then-current version of Comely Boutique, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in Comely’s sole discretion, to a price increase. Comely shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of Comely Boutique.  Any change in these Terms and Conditions or pricing will take effect in the billing cycle following notice posted on the website.  If you do not consent to such change, you may cancel your account.

Without limiting the foregoing, Comely may use banner notices or similar devices to alert you to certain modifications to Comely Boutique or the pricing associated therewith. Alternatively, notice may consist of an email from Comely or Comely Boutique to an email address associated with your account, even if we have other contact information. You also agree that Comely may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your Comely Boutique account or services associated with Comely Boutique. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Comely Boutique or pricing.

6. Use of Comely Boutique on Facebook and Other Social Media or Similar Services

In addition to these Terms and Conditions and any other policies and requirements of Comely, you must abide by all of the rules, regulations and other policies of Facebook, Twitter and other social media or similar services that Comely Boutique may integrate with, including without limitation the Facebook Statement of Rights and Responsibilities and the Twitter Terms of Service, as applicable. Should you fail to adhere to such policies, and without limiting any rights of Comely or any of your obligations hereunder, Comely reserves the right to terminate your use of Comely Boutique. Even though Comely Boutique is not in any manner affiliated with Facebook, Twitter or any other social media or similar service, Comely does not condone or support any violation of Facebook or Twitter policies or the policies of any other social media or similar service.

7. Disclaimer of Warranties

DISCLAIMERS OF WARRANTIES: COMELY DOES NOT WARRANT THAT THE WEBSITE OR OTHER SERVICES WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEBSITE OR OTHER SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMELY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMELY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMELY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR OTHER SERVICES.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER COMELY NOR, AS APPLICABLE, ITS LICENSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THE WEBSITE AND OTHER SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Comely makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of the website and the provisions of these Terms and Conditions.

8. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMELY NOR, AS APPLICABLE, ITS LICENSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT COMELY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.

Comely makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of the website and the provisions of these Terms and Conditions.

9. Indemnification

Each user shall, and hereby agrees to, indemnify and hold harmless, Comely, and its officers, directors, shareholders, licensors, employees, other representatives, agents, subsidiaries and affiliates, from any and all third-party claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to such user’s (i) failure to comply with these Terms and Conditions, (ii) submission or posting of content using Comely Boutique that the user does not have the right to submit or post using Comely Boutique, or (iii) use of, access to or other activity engaged in, on or through Comely Boutique that is otherwise in violation of law or any agreement to which the user is a party.

10. Revisions and Errata

Comely Boutique could include technical, typographical, or photographic errors. Comely does not warrant that any of the materials on Comely Boutique are accurate, complete, or current. Comely may make changes to Comely Boutique at any time without notice. Comely does not, however, make any commitment to update Comely Boutique.

11. Privacy

You agree to the terms of the Privacy Policy, as it may be updated from time to time, a copy of which is posted on the website, and which is incorporated herein by reference.

12. Links

The website may contain links to third party websites that are not owned or controlled by Comely.  Comely has not reviewed all of the sites linked to Comely Boutique and has no control over, and does not assume responsibility for, the content, privacy policies, or practices of any such linked website. The inclusion of any link does not imply endorsement by Comely of the site or application.  Use of any such linked website is at the user’s own risk.

13. Modifications

Comely reserves the right to revise these Terms and Conditions at any time by posting notice to the Comely Boutique website or otherwise notifying the user in a manner consistent with those set forth in Section 7. By using Comely Boutique, you are agreeing to be bound by the then current version of these Terms and Conditions for all activity that you engage in through Comely Boutique after the revision to such policy.

14. Dispute Resolution

These Terms and Conditions shall be interpreted, construed and governed by the laws of the State of Nebraska, USA, without reference to its laws relating to conflicts of law. Venue for all disputes arising under these Terms and Conditions shall lie exclusively in the District Courts of the State of Nebraska in Lancaster County or the Federal District Court of the District of Nebraska (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Comely shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.

15. Other Miscellaneous Terms

Should any clause of these Terms and Conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the subscription services of Comely Boutique.  No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Comely's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Last Updated: January 1, 2013

Copyright-2013 Comely Boutique