Terms of Use

Last Modified: October 24, 2012

Welcome to the website of Nasty Gal Inc. (including any of its subsidiaries or corporate affiliates, collectively, "Nasty Gal," "we," "us" or "our")! Any person accessing or using the websites located at www.nastygal.com, www.supernasty.com, and any other website(s) owned and/or operated by Nasty Gal and any of their associated web pages (collectively, the "Network") is referred to as "you".

Please take some time to review these Terms of Use for our Network.  By accessing or using the Network, including purchasing any products through the Network, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms of Use; (2) that you have the right, authority, and capacity to abide by these Terms of Use; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Network; and (4) you are over 18 years of age.

You are responsible for regularly reviewing these Terms of Use. Nasty Gal reserves the right to update, change, modify or otherwise alter these Terms of Use at any time without notice to you.  Such revisions shall be effective immediately upon posting of the revised Terms of Use on the Network and you agree that you shall be bound by such.  ANY ACCESS OR USE OF THE NETWORK BY YOU AFTER THE POSTING OF ANY REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS OF USE.  If you do not want to be bound by these Terms of Use, do not use or access any part of the Network.

These Terms of Use are effective unless and until terminated by Nasty Gal.  Nasty Gal may terminate these Terms of Use, the Network or any portion thereof, any website or webpage within the Network or any products or services offered through the Network, or terminate your right to access or use the Network or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Network, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use, shall each survive such termination.

Access and Use of Website

Unless authorized in writing by Nasty Gal, you may use the Network solely for your personal and non-commercial use. You agree to only access or use the Network solely for legal purposes as allowed by these Terms of Use. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Network, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  • hack into the Network or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Network;
  • damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Network;
  • violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
  • access or attempt to access any password-protected, secure or non-public areas of the Network without the express permission of Nasty Gal.

For any portion of the Network that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any

Intellectual Property

The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Network are the property of Nasty Gal and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Network "AS IS", and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Nasty Gal be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Network.

The Network as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable.  Except as may be expressly permitted by Nasty Gal, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Network, in whole or in part.  Any use of the Content, except as specifically provided in these Terms of Use, is strictly prohibited.

Content

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Network are owned by Nasty Gal and/or third parties, and are collectively referred to as "Content."  The Content may contain omissions, errors, or may be out of date.  Nasty Gal reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.  The Content is provided for informational purposes only and is not binding on Nasty Gal in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Network are the sole responsibility of the third-party originator of such Content.  Links to any third-party Content are provided for your convenience only.  If you choose to access any third-party Content, you do so at your own risk.  YOU ACKNOWLEDGE AND AGREE THAT NASTY GAL IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Network, which are not controlled by Nasty Gal, should be directed to the third party that controls such Content or hyperlink.  If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Network

Content You Provide (User-Generated Content)

Nasty Gal welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information, text, graphics, images, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, advertisements, titles, names and any other materials, but which shall expressly exclude any personally identifiable information (which use shall be governed by our Privacy Policy) (collectively, the "User-Generated Content") from you on the Network, including but not limited to on its blog, product detail webpages and elsewhere.  You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, "Submit" or "Submission", as appropriate) to the Network (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you Submit or otherwise make available via the Network.

By Submitting User Generated Content to the Network, you grant, and you represent and warrant that you have the right to grant, to Nasty Gal, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information.  In addition, by posting or allowing Nasty Gal or a third party to post User Generated Content to any public area of the Network, you grant Nasty Gal all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Network to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Network, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

In the event that you do not wish for Nasty Gal to use your User Generated Content, please do not Submit such User Generated Content to the Network. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Nasty Gal, and Nasty Gal makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Nasty Gal reserves the right to remove any User Generated Content from the Network at any time and for any reason.

Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Network

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Network, but only while accessing the Network. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Network for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Network for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms of Use.

You also agree not to deep-link to the Network or any website or webpage thereof for any purpose, unless specifically authorized by Nasty Gal. Use of any of Nasty Gal’s trademarks as metatags on other Networks is also strictly prohibited.

Unauthorized Use of the Network

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Network, or transmit any worms or viruses or any code of a destructive nature on or to the Network.

You agree that you shall not use the Network for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms of Use.  Illegal and/or unauthorized uses of the Network, including, but not limited to, unauthorized framing of or linking to the Network or unauthorized use of any robot, spider, or other automated device on the Network, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Linking to the Network

If Nasty Gal authorizes you to deep-link your website or a service offered by your website to the Network, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Nasty Gal has no obligation to continue to provide or make the service or the Network available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Use remain in full force and effect; (3) all intellectual property rights relating to Nasty Gal and its technology and Content, including all ownership rights, remain the exclusive property of Nasty Gal; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Nasty Gal may terminate your access to the Network at any time in its sole discretion.

Nasty Gal reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Nasty Gal’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Network, (v) content that is illegal, or a violation of any federal, state, or  local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Network.

Terms of Sale; Prices

By placing an order with Nasty Gal, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Nasty Gal's acceptance of an order.  We retain the right to refuse any request made by you.

Prior to Nasty Gal's acceptance of an order, verification of information may be required.  Nasty Gal reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Nasty Gal, for any reason whatsoever.  Nasty Gal reserves the right to limit the number of items ordered and to refuse service to you without prior notification.  In the event that an item lists an incorrect price, either due to typographical or other error, Nasty Gal shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed.  If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Nasty Gal shall credit your account in the amount of the incorrect price.

Nasty Gal reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you.  Products are available while supplies last.  All prices and products advertised are subject to change. All prices displayed on the Network are quoted in U.S. dollars.

Please see our Customer Care webpage and all related webpages for information on shipping, delivery and tracking, the ordering and payment process, returns and exchanges, electronic gift cards, and other helpful information. Nasty Gal reserves the right to restrict delivery to addresses within the United States.  Shipping and handling fees and applicable sales/use tax will be added by Nasty Gal as necessary (please see our USA Shipping, International Shipping, and Ordering & Payment webpages and all related webpages for further information).

Reporting
If you see objectionable content or have any questions about these Terms of Use, please contact Nasty Gal at the address noted below.

Offline Conduct
Although Nasty Gal cannot monitor the conduct of its users of this Network, it is a violation of these Terms of Use to use any information obtained from our Network in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Violation of These Terms of Use
You agree that monetary damages may not provide a sufficient remedy to Nasty Gal for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.

DISCLAIMER AND LIMITATION OF LIABILITY

        A.        Disclaimer. NASTY GAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, NETWORK AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE NETWORK, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NETWORK, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NETWORK OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK OR ANY THIRD PARTY WEBSITE(S) BY NASTY GAL OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE NETWORK, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY NASTY GAL ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS.  ACCORDINGLY, NASTY GAL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN.  NASTY GAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE NETWORK, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS NETWORK OR LINKED TO FROM THIS NETWORK.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

        B.        Limitation of Liability.  IN NO EVENT SHALL NASTY GAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE NETWORK, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS NETWORK OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NASTY GAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, NASTY GAL'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE NETWORK OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

        C.        ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE NETWORK, AND ALL OTHER USE OF THE NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

        D.        IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK.

Indemnity

You agree to indemnify, defend and hold harmless Nasty Gal, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Network, Nasty Gal and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms of Use, any warranty you provide herein, or otherwise arising in any way out of your use of the Network or purchase of the products or services therefrom.  Nasty Gal reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Nasty Gal in asserting any available defenses.

Modification/Termination of Network

In the event of termination of the Network, you will still be bound by your obligations under these Terms of Use and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.  Nasty Gal shall not be liable to you or any third-party for any termination of your access to the Network or any portion thereof.

General Legal Provisions

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California.  You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using this Network.  Access to or use of this Network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.  In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Nasty Gal as a result of these Terms of Use or use of the Network.

If any provision in these Terms of Use is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Nasty Gal’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this these Terms of Use is in derogation of Nasty Gal’s right to comply with law enforcement requests or requirements

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding your access to the Network.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form

Copyright

© Nasty Gal Inc. 2006-2013, all rights reserved.

All materials on the Network (as well as the organization and layout of the Network) are owned and copyrighted or licensed by Nasty Gal, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Network is permitted without the written permission of Nasty Gal. Any rights not expressly granted herein are reserved by Nasty Gal.

If you believe that any User Generated Content violates your copyright, please see below for instructions on sending us a notice of copyright infringement.

Pursuant to Title 17, United States Code, Section 512 (the "Digital Millennium Copyright Act"), notifications of claimed copyright infringement should be sent to Nasty Gal’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

Legal Department
Nasty Gal Inc.
Attn: Legal Department
523 W. 6th Street, Suite 330
Los Angeles, CA 90014
Telephone: (213) 542-3436

Trademarks

NASTY GAL, , and all related names, logos, product and service names, designs and slogans are trademarks of Nasty Gal or its affiliates or licensors. Such marks cannot be used without the prior written permission of Nasty Gal. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

For more information on the trademarks of Nasty Gal, please contact us at the address noted above.

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