Welcome to Illuminations Boutique. We’re so happy you’re here.
Please take a moment to review and follow our house rules.
1. Accepting these terms
2. House Rules for Sellers and Buyers
Illuminations Boutique connects people both online and offline to a variety of spiritual-oriented products, services, classes and events. Below are our House Rules for Sellers and Buyers. It is important for you to understand the specific rules that are relevant for you, depending on how you use the Services.
All of these policies are part of our Terms so be sure to read the ones that are relevant to you.
3. Your Privacy
4. Your Account with Illuminations Boutique
You may set up an account with Illuminations Boutique in order to use some of our Services. Here are the rules about accounts with Illuminations Boutique:
A. You must be 18 years old or older to use our Services. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
B. Be honest with us. Provide accurate information about yourself. It’s not OK to misrepresent yourself with false information or impersonate another person or company through your account.
C. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, you’re accounts are not transferable.
D. Protect your password. As mentioned above, you’re solely responsible for any activity on your account so it’s important to keep your account password secure.
E. Our relationship. These terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Illuminations Boutique.
5. Your Content
Content that you post using our Services is your content (and will be referred to as “Your Content”). We don’t make any claim to it. That includes anything you post using our services (like names, shop names, shop logos, profile pictures, listing photos, listing names, listing descriptions, reviews, comments, videos, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all the necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Illuminations Boutique a license to use it. We don’t claim any ownership to Your Content however we have your permission to use it to help Illuminations Boutique grow and function, including but not limited to using it for promotion on and off the Site. This will allow us to not infringe on any rights you have with Your Content while allowing us to promote your stuff and our Site.
C. Rights You Grant Illuminations Boutique. By posting Your Content, you grant Illuminations Boutique a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content to provide the Services and to promote Illuminations Boutique, your Illuminations Boutique shop, or the Services in general, in any formats and through any channels, including across any Illumination Boutique Services or third-party website or advertising medium.
D. Reporting Unauthorized Content. Illuminations Boutique has a great respect for intellectual property rights and is committed to following the appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please email email@example.com with your request. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if this happens.
E. Inappropriate, False or Misleading Content. We will not tolerate certain types of content and will not allow them to be posted on Illuminations Boutique’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, violent or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy or any part of our Terms.
6. Your Use of Our Services
License to use Our Services. We grant you a limited, non-exclusive, non-transferrable and revocable license to use our Services subject to the Terms and the following restrictions in particular:
A. Don’t use our Services to break the law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. This includes obtaining any permits or licenses that your shop requires, not selling anything that violates any laws, and not committing fraud, theft or any crimes against Illuminations Boutique, another Illuminations Boutique user or a third party.
B. Don’t harm our systems. You agree not to interfere with or try to disrupt our Services.
C. Share your ideas. We love your suggestions and ideas. Feel free to share them at firstname.lastname@example.org. Any unsolicited ideas or other materials you submit to Illuminations Boutique (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Termination by You. We hate to see you go but you can terminate your account with Illuminations Boutique at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.
Termination by Illuminations Boutique. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. Illuminations Boutique may refuse service to anyone, at any time, for any reason.
If you or Illuminations Boutique terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Illuminations Boutique reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
Items you purchase. You understand that Illuminations Boutique does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so Illuminations Boutique cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Illuminations Boutique from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Illuminations Boutique is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Warranties. Illuminations Boutique is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Illuminations Boutique, nor our employees or members shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Illuminations Boutique’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Illuminations Boutique in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
If Illuminations Boutique gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Illuminations Boutique (including any of our employees or members) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arise from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with other users.
If you find yourself in a dispute with another user of Illuminations Boutique’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of Illuminations Boutique. You release Illuminations Boutique from any claims, demands and damages arising out of disputes with other users or parties.
11. Disputes with Illuminations Boutique.
If you’re upset with us, let us know. Email us at email@example.com and we’ll hopefully resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
B. Arbitration. You and Illuminations Boutique agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Illuminations Boutique are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
C. Forum. We’re based in Rapid City, Michigan, so any legal action against Illuminations Boutique related to our Services must be filed and take place in Rapid City. That means the seat of any arbitration shall be Rapid City. For any actions not subject to arbitration, you and Illuminations Boutique agree to submit to the personal jurisdiction of a state court located in Michigan.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Michigan.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Additional Info
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Illuminations Boutique regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at firstname.lastname@example.org.
Last updated on December 9, 2016.