We reserve the right to update this Agreement from time-to-time. Updates will be posted on the Platform. Any updates to this Agreement will supersede and replace the previous Agreement effective immediately upon posting. It is your responsibility to periodically review this Agreement for updates. If we update this Agreement, we may, but are not required to, notify you by e-mail at the last e-mail address you provided to us (if any). You are responsible for providing us with your most current e-mail address. Your use of our Platform following such update shall indicate your agreement to be bound by the terms and conditions of this Agreement as updated.
Guide to Contents
- Authorized Use of Platform
- Content and Communications
- Accounts and E-commerce
- Security
- Indemnity
- Disclaimers
1. Authorized Use of Platform
You may use the Platform only in accordance with and subject to these Terms of Service and our Privacy Policy.
We authorize you to access and view and download a single copy of all digital content available on the Platform solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement, including the requirement that you maintain all copyright and other proprietary notices contained in the Materials (as defined below).
1.1 Copyright; Prohibition Against Copying
The contents of the Platform, such as the compilation and arrangement of text, graphics, images, videos, photographs and other materials, and the hypertext markup language (HTML), Cascading Style Sheets (CSS), scripts (JS), active server pages (ASP and ASPX), all digital content available on the site or other content or software used in or provided through the Platform (the “Materials”), are the exclusive property of Shop PO, our licensors, or other content suppliers and are protected by copyright under European and foreign laws. Unauthorized use of the Materials may violate copyright, trademark and other laws. Our provision of the Platform does not transfer to you or any third party any right, title or interests in or to the Materials, including any copyrights, patents, trademarks, trade secret or other intellectual property rights therein, subject to the licensed rights granted above.
1.2 Trademarks
The trademarks, service marks, logos, graphics, icons and other indicia of origin (collectively, the “Marks”) included, or made available, on or through the Platform are owned and/or registered by Tangoboutiq and third parties such as the retailers in the European Union and other countries. All Marks not owned and/or registered by Tangoboutiq are the property of their respective owners. No license or right to use any Marks included, or made available, on or through the Platform is granted, whether by implication or otherwise, and any use of any Marks included, or made available, on or through the Platform is expressly prohibited unless authorized in writing by the owner of the applicable Mark(s). All rights not explicitly granted herein are reserved.
2. Content and Communications
2.1 Retailer Content
The Platform contains or will direct you to content that has been provided by third parties, including retailers, and over which we have no control, including information relating to sales, offers, coupons, giveaways, advertisements, promotions, pricing and product depictions and descriptions. Our retail partners have sole responsibility for these matters. The Platform enables our retail partners to sell their product to you, and once an order is placed, to ship their product directly to you. Within the Platform, retailers have sole responsibility for the depiction and content of the products offered on the product pages. Products purchased from retail partners can only be returned to the retail partner. The use, posting, distribution or publication of content on the Platform does not constitute or imply an endorsement, recommendation, advice, opinion or comment by us, nor is it an assurance of legality, quality or safety by us. By making a purchase on the Platform, you acknowledge that orders are sold by and will be fulfilled by our retailers and not by Tangoboutiq.
Without limiting the generality of Section 9 of this Agreement, we have no responsibility for, and make no representations or warranties regarding, the accuracy, completeness or reliability of, product descriptions displayed anywhere on the Platform (including the price, availability, actual size, quality, color, texture, care instructions or results of use of such products), or the terms of any third party offer, sale, purchase or other transaction. The Platform will display suggested retail prices for products offered on or through the Platform based on pricing information provided by vendors, retailers and manufacturers and we make no promises about the reliability or accuracy of any such information listed on the Platform. We and the retailers will use reasonable efforts to correct errors as soon as practicable. We and the retailers reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We cannot confirm the price of an item until you submit an order. If the correct price of a product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation.
We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate a promotion, special, or sale at any time without notice (including after an order has been submitted and/or acknowledged).
The offer of any products, services and/or experiences at a particular time does not guarantee that the products, services and/or experiences will be available. To the fullest extent permitted by law, if a product, service and/or experience offered and sold on the Platform by the retailer is not as described, your sole remedy is to return it to the retailer subject to the terms set forth herein.
Any products purchased by you are purchased directly from the applicable third party retailer and the third party retailer is solely responsible to you for every aspect of such purchase. When you are directed to a retailer’s website to purchase products, each such retailer’s shipping information, return policy, customer service information, and privacy policy can be found on that retailer’s website. When you purchase directly through ShopSimon, the shipping information, return policy, customer service information and privacy policy applicable to your purchase are available on the Platform; however, ShopSimon provides your order and other personal information to the retailer fulfilling your order or as otherwise detailed in the ShopSimon PrivacyPolicy, and such retailer’s use of that information will then be governed by the privacy policy found on the retailer website. You agree that ShopSimon will not be responsible for any loss or damage incurred as the result of any such interactions, including failure on the part of any third party to deliver the goods that you order in a satisfactory manner, nor for any products or services purchased from retailers via the Platform. This Section shall survive expiration or termination of this Agreement.
2.2 Third Party Sites
The Platform may have links to third party websites, services and applications, such as websites hosted by third party retailers (collectively, “Third Party Sites”). When you click on such a link, you will leave the Platform and be directed to the Third Party Site. This Agreement does not apply to Third Party Sites. We have no control over, do not review or endorse, and are not responsible for any Third Party Sites, the content therein, or their privacy policies. We encourage you to review the privacy policies of any Third Party Sites you access. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, Third Party Site, or of any product or service provided by a third party.
2.3 Notice for Claims of Intellectual Property Violations and Agent for Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material in the Platform infringes your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located with sufficient detail (including applicable URL if possible) that we may find it;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law;
- information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing content; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3. Accounts and E-commerce
3.1 Account Creation and Termination
In order to use certain features of the Platform, you may be required to register for an account (“Account”) by providing certain information about yourself as prompted by our registration form. You represent and warrant that: (a) all information you provide is truthful and accurate; and (b) you will maintain the accuracy of such information in your Account at all times. Your registration information must not misrepresent your identity or your affiliation with any person or organization. You may request changes to your registration information and/or terminate your Account at any time, for any reason, by submitting a request via the online form or sending a written e-mail request with “Update Information” and/or “Cancel Account” (as applicable) in the subject line to onlinesupport@sspo.com. Without limiting anything set out elsewhere in this Agreement, we may, at our discretion, suspend or terminate your Account at any time for any reason without affecting our rights under this Agreement.
3.2 Account Responsibilities
You are fully responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account, including the use of your Account by members of your household or anyone else. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account, or any other breach of security of your Account, by sending an e-mail to info@tangoboutiq.com with “Unauthorized Use” in the subject line. We are not liable for any loss or damage arising from your failure to restrict access to your Account.
3.3 Risk of Loss
All purchases are made pursuant to a shipment contract with a third-party carrier. This means that the risk of loss and title for such items passes to you upon the retailers’ delivery to the carrier.
3.4 Refunds and Returns
You may request a return via the Platform for products purchased on the Platform, subject to the Tangoboutiq return policy. Tangoboutiq will refund the purchase amount of purchase accepted for return by retailers once such return is processed by the retailer. You must contact the retailer directly to return products purchased on that retailer’s website and are subject to the retailer’s individual return and cancellation policies. Please see the retailer’s policies for details.
4. Security
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with any efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other violations of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend, block and/or terminate your use of the Platform, and/or seek prosecution to the fullest extent of the law. We may also, in our discretion, provide information about fraudulent activities to law enforcement or other entities as we deem appropriate.
5. Indemnity
You agree to indemnify, defend and hold harmless Tangoboutiq, its parent, subsidiaries, divisions, affiliates, agents, representatives, retailer partners, suppliers, manufacturers, licensees, content providers, successors and assigns, and its and their respective officers, directors, employees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all damages, harm, loss, liability, claims, actions, demands, costs and expenses, including reasonable attorneys’ fees and costs of settlement, arising out of or related to (i) your use of the Platform, the Materials, or any element or component thereof, (ii) your User Content, and/or (iii) your violation of this Agreement or any applicable laws, rules or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You further agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This Section shall survive expiration or termination of this Agreement.
6. Disclaimers
To the fullest extent permitted by law, Tangoboutiq is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any User Content, or to any act or omission by its customers, by Tangoboutiq or by any third party or by any of the equipment or programming associated with or utilized in connection with the Platform. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Tangoboutiq.
To the fullest extent permitted by law, Tangoboutiq assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any User Content or other customer communications. To the fullest extent permitted by law, Tangoboutiq is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on in connection with the Platform, including any injury or damage to customer’s or other person’s computer related to or resulting from participation on or through the Platform.
Certain states or jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.