Terms of Service

Last Update: July 16, 2022

PLEASE READ THESE TERMS OF USE (ALONG WITH OUR PRIVACY POLICY AND COOKIE POLICY, THE "TERMS") FULLY AND CAREFULLY BEFORE USING www.shadressdenise.com (THE "SITE") AS IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE. THIS AGREEMENT WILL REMAIN EFFECTIVE UNTIL TERMINATED BY US. 

Acceptance of terms

We may from time to time modify these terms of use and will post a copy of the amended agreement. If you do not agree to, or cannot comply with this Agreement as amended, you should not use this Site. You will be deemed to have accepted this Agreement as amended if you continue to use this Site after any amendments are posted on this Site.

 

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVAT1ONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM.   IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORJZED TO USE THIS SITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.

Key terms

Shadress Denise its affiliated entities, and is referred to herein as "Shadress Denise," "we," or "our."

"Content" means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

"Site" means the website Shadress Denise, including all of its domains and subparts.

"Terms" refers to the terms and conditions of these Terms of Use, along with our Privacy Policy and Cookie Policy.

"User" means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site and is referred to herein as "User" or "you."

"User Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site.

 

Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

Authorized Users

In order to use this Site, you must be at least the age of majority in the jurisdiction in which agree to be bound by, this Agreement and (ii) you are at least of such age of majority. If you do not, you reside.  You represent that (i) you have read and understood, and that you agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access this Site.

Eligibility to use site

We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Site. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

You agree that you will not; (i) use this Site to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use this Site in any way that violates the terms of this Agreement.

Changes to terms of use

We try to ensure that the information posted on this Site is correct and up to date. We reserve the right to change or make corrections to any of the information provided on this Site at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Site.

Store Items are sold exclusively in the shop. The e-commerce section of the site for the United States is for the entire United States. Prices stated for the United Sates on this Site are U.S. mainland prices only.

Rules of conduct and general prohibitions

By using this Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via this Site or (c) attempt to gain unauthorized access to other computer systems through this Site; (d) transmit any viruses or any other disabling mechanisms; (e) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords.  You agree that you will not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.

We may send notices to you with respect to your use of this Site by sending an email message to the email address listed in your Account Information, by sending a letter via mail to the contact address listed in your Account Information, or by a posting a note on this Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power, or remedy.

The section headings are for convenience only and will not be used to interpret this Agreement. Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THIS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Copyrights and trademarks

As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on this Site. All title and intellectual property rights in and to the licensed content provided on this Site is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

This Site is owned by Shadress Denise and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

If you know of, or suspect, copyright infringement, please go to the contact section and complete the contact form and send.

Privacy policy

Personal information practices on this Site are governed by the privacy policy. Please review our privacy policy and print a copy for your records.  To view our privacy policy, please visit our PRIVACY POLICY LINK.

Your account

You may be required to register with Shadress Denise in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Shadress Denise, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

Testimonials

If you submit to us or post a testimonial, comment, review, suggestion, or any work of authorship (collectively a “Submission”) to us, including, without limitation, Submissions about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

Disclaimers

This site (including all its content) is provided to you "as is". Any use of this site is at your own risk. To the maximum extent permitted by applicable law, we disclaim all warranties, either express or implied, including but not limited to warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title and non-infringement of third-party rights. We make no representation or guarantee and provide no warranties or conditions that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto.

We make no guarantees, representations, or warranties, and provide no conditions, that use or result of the use of this site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors.  Without prior notice, we may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If we elect to modify, suspend, or discontinue this site, we will not be liable to you or any third party.

You acknowledge that your submission of any information to us is at your own risk. We do not assume any liability to you with regard to any loss or liability relating to such information in any way. Some of the content available through this site may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content.

Limitations of liability

To the extent permitted by the applicable law or jurisdiction, in no event will we be liable to you for indirect, general, special, incidental, consequential, exemplary, or other damages (including, without limitation damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if we have been advised of the possibility of such damages. No oral or written information or advice given by us or others will create a warranty and neither you nor any third-party may rely on any such information or advice.  This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of this agreement. ​Our entire liability and your exclusive remedy under this agreement will be limited to one dollar (us $1.00).

Indemnification

You will indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any suits or claims arising out (property) your breach of this agreement, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (ii) your use or misuse of the site.

Links to third-party websites

This Site may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly, or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material, or content of any third party contained in, referred to, included on, or linked from or to this Site. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such website. 

Governing law

This Agreement will be governed by the laws of the State of Missouri. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of this Site will be in the state and federal courts of the State of Missouri and the venue to the adjudication or disposition of any such claim, action or dispute will be in the City of St. Louis, Missouri. All parties to this Agreement waive their respective rights to a trial by jury.

Contact information