Acceptance of terms
You shall only have one (1) account with the Service (which, for clarity, means that You will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts.
The following terms and conditions (the “Terms”) apply to the purchase and use of Nudyclothing Gift Cards and eGift Cards (collectively, “Gift Cards”). Your purchase and use of the Gift Cards constitutes your agreement to follow and be bound by these Terms. Gift Cards denominated in U.S. dollars are issued by Nudyclothing, Inc. (“U.S. Gift Cards”).
Redemption & Use: U.S. Gift Cards are redeemable at Nudyclothing store in the United States and online at Nudyclothing.com. Gift Cards may not be returned or redeemed for cash except as required by law.
Balance Inquiry: Please register your card with your account at [Nudyclothing.com/account], or call [1.877.283.4045] or inquire at any Nudyclothing store.
Lost, Damaged or Stolen Cards & Fraud: If lost, stolen or damaged, Gift Cards may be replaced for the remaining value if you provide satisfactory proof of purchase. Nudyclothing will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Nudyclothing reserves the right to refuse to accept Gift Cards that Nudyclothing suspects or believes were obtained fraudulently.
Limitation of Liability: GIFT CARDS ARE PROVIDED ON AN ‘AS IS’ BASIS, AND NUDYCLOTHING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUDYCLOTHING AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. NUDYCLOTHING AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT NUDYCLOTHING OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
General Terms: We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Fees; payment; return policy
Certain products offered by (or on behalf of) Nudyclothing through the Site (such as hats, scarves and/or other accesories) will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in U.S. dollars unless stated otherwise by Nudyclothing on the Site. All fees are payable upon demand on a Visa, MasterCard, American Express, div credit card. Nudyclothing reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges.
Purchases are subject to Nudyclothing’s Shipping and Returns Policy.
Your Nudyclothing account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
Nudyclothing endeavors to protect user information to ensure that user account information is kept private, however, Nudyclothing cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 and the EU General Data Protection Regulation (“GDPR”) prohibits collecting information from children who are under 16. Nudyclothing does not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register with Nudyclothing or send any personal information about yourself to Nudyclothing. If Nudyclothing learns it has collected personal information from a child under 16, Nudyclothing will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact Nudyclothing at email@example.com.
As part of the Services, you may receive communications through the Services, including messages that Nudyclothing sends you (for example, via email or SMS/MMS). By signing up for the Services and providing us with your wireless number, you confirm that you want Nudyclothing to send you information regarding your account, or transactions with us we think may be of interest to you, and recurring automated promotional and personalized marketing messages (e.g. cart abandonment messages), which may include Nudyclothing using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Nudyclothing, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Nudyclothing. You agree to indemnify and hold Nudyclothing harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Nudyclothing reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Nudyclothing also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Nudyclothing and its service providers will have no liability for failing to honor such requests.
Rules and conduct
The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own information purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
Third party sites
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Nudyclothing’s control, and you acknowledge that Nudyclothing is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Nudyclothing or any association with its operators.
You agree that all content and materials delivered via the Service or otherwise made available by Nudyclothing at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Nudyclothing in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Nudyclothing is prohibited.
Nudyclothing may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NUDYCLOTHING, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT SHALL NUDYCLOTHING, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.) (PROVIDED THAT, IN THE CASE OF CLAIMS RELATED TO PRODUCTS YOU PURCHASED FROM NUDYCLOTHING, SUCH AMOUNT SHALL BE THE PURCHASE PRICE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Nudyclothing, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use or misuse of the Service.
Integration and severability
Copyright and trademark notices
“Nudyclothing” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Nudyclothing, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
The Essential Beauty Set and The 5 Minute Face Set
Nudyclothing may offer products for purchase through the Services (“Products”). All Products should be used strictly in accordance with each respective brand’s (Shani Darden , Supergoop! , Summer Fridays , Cadence , Tatcha , and ILIA ) instructions, precautions and guidelines. You should always check the Product ingredients to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any Products or information in the Services before using or relying on them. Use by a child of any Product should be only after the child’s parent or legal guardian has discussed the Product with the child’s physician.
Nudyclothing does not provide or intend to provide any answers to medical-related questions and the Services do not replace the advice of any medical professional or medical resource.
Statements made about Products available through the Services have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not occur in all individuals. Such statements and Products sold through Nudyclothing are not intended to diagnose, treat, cure or prevent any condition or disease.
You may contact Nudyclothing at: firstname.lastname@example.org.