My Plus Lingerie Policies

Terms of Service

Our Privacy policy and these terms of service (collectively the terms of service) represent an agreement between My Plus Lingerie (“My Plus Lingerie”) and its parent company NEP (New Economy Partners, LLC) and you regarding your use of our website (namely http://mypluslingerie.com and http://www.myplusintimates.com ‘the sites’) which we own.

My Plus Lingerie is a consumer goods company with a portfolio of leading apparel brands, specifically geared towards plus sized lingerie.  We market directly to you (and other consumers) through the use of this website (and others).  Your use of this site means that you have agreed to accept and to be bound by the terms and conditions of our Terms of Service and our privacy policy.  You must not use our site if you do not agree and accept all of the terms and conditions that are laid in this document as well as our privacy policy document.

PERMITTED USE

You agree that you will use this website only for your personal use.  This includes viewing of the site, submitting information to the site (including testimonials), downloading product information or any other information that is available for downloading for your personal use.  Any other use of this site you agree will be in compliance with all of the terms and conditions that are clearly explained in these terms of service.

Children’s Policies

http://mypluslingerie.com and takes the online protection of children very seriously.  We are fully compliant with all applicable federal law, and we do not knowingly collect or store any information provided by a child under the age of 13.

 If a child under the age of 13 has provided our website with personally identifiable information, we ask that such child’s parent or guardian contact us at via email  and we will delete the information about the child from our files immediately.

POSTINGS:  How we use them

My Plus Lingerie owns the Site and has the right to the following:

·       Wallpaper and icons;

·       Artwork and designs

·       Images and graphics

·       Software, text and databases

·       Any other copyrightable information contained in this site

You agree that without limitation that you will not duplicate the ‘look and feel’ of our website for your commercial use.  This includes trademarks, service marks and trade names (namely “My Plus Size Lingerie Content). This further extends to html and other coding and scripting which may be used on our website.

The My Plus Lingerie website comprises both content and code which is protected by copyright and other intellectual property rights. You agree you will not copy, modify, upload, download, transmit, re-publish or display for redistribution to a third party or for commercial purposes any code or content from our website without our prior written agreement.

You further agree that you will not use our website, the code contained herein or the code contained on the site for any purpose that is in violation of these terms of service.  Any failure to comply with our terms of service will be regarded as a breach of contract and doing so will violate copyright, trademark and other proprietary rights and will result in your being subject to liability for damages that are incurred by us to protect our rights.

In addition to our demand that you protect our rights, we also respect the intellectual property of others and if we are notified that there is a violation we will act as quickly as possible to remove any content from our website that is shown to be in violation of others intellectual property rights.

Because we take protection of intellectual property rights very seriously whether they are our own or others very seriously, we take every measure to prevent any intellectual property infringement and if it is identified we will act swiftly to rectify it.

THIRD-PARTY CONTENT AND WEBSITES

My Plus Lingerie website contains references, URLs or hyperlinks to websites owned by third parties. The appearance of such links or URLs through our website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of My Plus Lingerie or any of its affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers.

Any links should not be viewed as links we have verified, endorsed, nor do we have any responsibility for, any such third-party content or websites, their business practices (including their privacy policies).  Whether My Plus Lingerie or any of its affiliates’ logo or sponsorship identification is used in connection with the third-party content or website as part of a co-branding or promotional arrangement it must be understood that any third party providing such content or operating such website obtains or collects information from you and in no event shall we assume or have any responsibility or liability.

Please read our privacy policy, which describes how we collect and use your personal Information and our liability limitations as they apply to third party websites.

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication any proprietary or right of My Plus Lingerie, its affiliates, blog or any third party.

PRICING, AVAILABILITY, ORDERING AND SHIPPING

Please review our website carefully.  It is important that you understand that we cannot be responsible for typographical errors in prices or other typos that may occur.  Any products displayed on our site may be out of stock, may be discontinued or may have prices that are subject to change. We reserve the right to limit quantities of items at any time at our discretion.  All prices on our website are displayed in U.S. Dollars and are effective only for US shipments.  All purchases are subject to taxes to be paid by the purchaser and additional charges will be incurred for shipping and handling.  We currently do not ship outside of the United States.

RETURN POLICY

My Plus Lingerie has an extensive and specific return policy regarding purchase of merchandise, use and return or exchanges of the merchandise purchased on the site. By agreeing to the Terms of Service policy, you agree that you have reviewed the RETURN POLICY and fully agree to the terms and conditions within the return policy. You may view our return policy by clicking on the link here.

POSTINGS; USE THEREOF

Please see our privacy policy for information regarding our treatment of your personal information.  This policy relates to information you submit to any non-public area of our website. If we decide publish testimonials that you submit we may identify you as the source of such information by first name, last initial and city of residence.

You agree that any testimonial that originates from your account (or from you) gives us immediate authorization to use that testimonial in whole or in part in perpetuity on our website or in any other form of media that we elect to use it.  You further agree:

·       your posting is original

·       the posting does not violate our terms of service

·       none of the information is libelous or otherwise unlawful

·       the posting does not violate any federal or state regulations

·       the posting is not in violation of intellectual property laws

·       the posting is not obscene

·       you agree we do not owe you a fee for using your testimonial

You further agree that if your testimonial incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise that:

·       You have the right to use this and further grant that right to us

·       You are in full compliance will all laws and regulations

·       We are free to use these testimonials without any financial obligation

SUBMISSION OF IDEAS

By using our website and providing us with ideas of upgrading or marketing our products you agree that we will be under no obligation in regards to those ideas that would result in a financial obligation to you by us.  This includes your comments in regards to:

·       Marketing products

·       Development ideas

·       Formatting ideas

The Posting of any original idea to My Plus Lingerie is entirely voluntary, non-confidential, gratuitous, and non-committal.  By agreeing to our terms of service you acknowledge that we might be working on similar ideas and that we potentially have already been working on these ideas.  If we do opt to review any ideas that you have submitted, you agree that these terms shall be in effect unless we agree otherwise (in writing):

·       The idea is your own and not a violation of any intellectual property rights

·       Disclosing this information establishes no relationship between you and us

·       We do not have an obligation to develop or use your idea

·       We assume no obligation regarding your idea unless we enter into a written contract with you

·       If your idea has a patent pending you agree to disclose that and we acknowledge that no license is granted to us unless agreed in writing

·       We reserve the right to give any idea no consideration

·       We reserve the right to reject any idea with no further communication

·       Any offers to accept your idea will be made in writing

·       We reserve the right to contest the validity or infringement of any rights

·       You acknowledge that you fully understand these terms of service

Unless these terms of service are superseded by a separate agreement between you and My Plus Lingerie, you acknowledge that My Plus Lingerie and its affiliates and subsidiaries are irrevocably released for any actions, claims or liabilities of any nature.

7. You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of these terms of service, (b) the submission of your Idea to My Plus Lingerie is entirely voluntary, and (c) My Plus Lingerie, directly or indirectly, may (i) be working on the same Idea or a similar idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or a similar idea on its own.

PUBLIC AREAS, REGISTRATION INFORMATION AND SECURITY

At our discretion we may offer public areas of our website that will allow you to send emails, save wish lists or create registries.  You acknowledge by registering that we may collect certain personal information if you do this.  This information will be used to help fulfill requests or to allow you to use these services. Our obligations to this information are clarified in our Privacy Policy and you acknowledge you have read and accepted them when registering for these services.

You further agree that any information you provide to us when registering is accurate and free of  inappropriate language or images or copyrighted material (without the written consent of the copyright owner) and do not encourage illegal activity.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Service should be sent ONLY to our Designated Agent.

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, BILLING QUESTIONS, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING ON A COPYRIGHT, YOU MAY BE SUBJECT TO CIVIL PENALTIES INCLUDING FINANCIAL DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, OR ANY COPYRIGHT OWNER, OR COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our Site, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) 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.

DISCLAIMERS

Information that is contained on our website is placed there as a convenience to our visitors. Product information is displayed as accurately as possible although often displayed colors may vary depending on your computer settings.  We cannot guarantee that the colors you see on our website are accurate.  Corrections and changes to our website are done by My Plus Lingerie at their sole discretion and products described are not always available at all times. 

You will find links and advertisements from third parties on our website. You hereby acknowledge that My Plus Lingerie makes no warranties as to the accuracy, the availability, the suitability or the safety of such websites.  You are hereby authorized to create links to My Plus Lingerie website provided that:

·       Links only incorporate text and no trademarks

·       You do not duplicate the content of our site

·       Your site makes no reference to an affiliation with us

·       Links are not false, misleading or derogatory

·       Links are not embedded in frames that make others think they are part of your site

IF YOU USE OUR SITE YOU AGREE THAT THE SITE IS ‘AS IS’ AND ‘AS AVAILABLE’.  WE MAKE NO WARRANTEE OR REPRESENTATION WITH REGARD TO THE SITE OR THE INFORMATION ON THE SITE.   WE MAKE NO GUARANTEE TO THE FUNCTIONALITY OF THIS WEBSITE AND CANNOT ASSURE YOU THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.  YOU AGREE WE HAVE NO LIABILITY OR RESPONSIBILITY IF YOU DEPEND ON INFORMATION THAT IS DISCLOSED OUR ACCESSED THROUGH OUR WEBSITE.  INFORMATION MAY HAVE CHANGED SINCE OUR WEBSITE WAS UPDATED LAST AND BY ACCEPTING THESE TERMS OF SERVICE YOU AGREE WE CANNOT BE HELD LIABLE FOR INFORMATION THAT IS OUT OF DATE.

INDEMNIFICATION

You agree to indemnify, defend and hold My Plus Lingerie, or any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these terms of service by you, or public postings that you opt to leave on our website.

My Plus Lingerie reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with My Plus Lingerie in the defense of any such claim, action, settlement or compromise negotiations, as requested by My Plus Lingerie.

ACCESS; REVISIONS; PARTIAL INVALIDITY

These terms of service are effective until revised or terminated by My Plus Lingerie. You may terminate your acceptance of these terms of service for all periods after you discontinue any further use of this Site. My Plus Lingerie may also terminate these terms of service at any time and may do so immediately without notice. We reserve the right to deny you access to the Site or to revise the services and products described in the Site at any time without notice. Such revisions will be effective as soon as we make them. Upon any termination of these terms of service by either you or My Plus Lingerie, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of service or otherwise. Any rights you give My Plus Lingerie prior to your cessation or termination of the use of the Site shall continue unaffected.

We may at any time revise these terms of service. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site.

GENERAL

These terms of service created by your use of the Site represent the complete agreement between us. Headings used in these terms of service are for reference purposes only and you acknowledge that the invalidity of any term, condition or provision of these terms of service shall not affect the enforceability of those portions of these terms of service, deemed enforceable by applicable courts of law.

You may be subject to additional terms and conditions that may apply when you use or purchase certain other My Plus Lingerie services or third-party services.

 In the event of any inconsistency between any additional terms and these terms of service, the additional terms shall govern as to their particular subject matter. The failure of My Plus Lingerie to act with respect to a breach of these terms of service by you or others does not constitute a waiver and shall not limit My Plus Lingerie' rights with respect to such breach or any subsequent breaches.

These terms of service, and any additional terms and conditions on the Site, shall be governed by and construed in accordance with California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these terms of service or your use of this Site must be brought in a state or federal courts sitting in California, and you consent to the exclusive jurisdiction of such courts.

Notwithstanding anything to the contrary, My Plus Lingerie may seek equitable relief including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

These terms of service are in effect as of August 19, 2008.