The Hive & Colony website is brought to you by Hive & Colony LLC.
2. DESCRIPTION OF THE SITE
General Description. The Site allows you to design your own custom clothing based on the fabrics and styles available on the Site and place an order for clothing according to your design. Through the Site you are able to choose from a selection of fabrics, style options, and finishing details, and you will be asked to provide key measurements. Upon completion of your order, Hive & Colony creates a unique garment from your inputs that is sent to a highly specialized manufacturing facility, where your one-of-a-kind garment is cut, sewn, tested for quality and shipped directly to you. Your garment will be shipped to you in approximately four (4) weeks, and each product is covered by our satisfaction guarantee.
Adults Only. The Site is intended for adults only. You must be eighteen (18) years or older to use this Site. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Hive & Colony will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age.
If you are between the ages of thirteen (13) and eighteen (18) years old, you may wish to have a parent or guardian create an account through which you can purchase your own custom clothing from our Site.
Non-material changes and clarifications will take effect immediately, and material changes will take effect within fourteen (14) days of their posting on the www.hiveandcolony.com/terms webpage.
Inaccuracies. From time to time, there may be content on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Hive & Colony reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Rights Reserved. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address or for any reason at Hive & Colony’s sole discretion. In a few instances, certain body proportions may result in a pattern that falls outside of our manufacturing capabilities. In the unlikely event we cannot accommodate your fit request, we will contact you by phone or email. In the event that we must make a change to an existing order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers, or distributors.
3. YOUR CONDUCT & SITE SECURITY
Conditions of Use. As a condition of use, you agree to all of the following:
4. SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs (including garment designs, whether provided by Hive & Colony or created by you using tools provided by Hive & Colony for use with the Site), icons, photographs, and written and other materials that appear on this Site or are created using tools provided by or through the Site (collectively, the "Content") are subject to trademark, trade dress, service mark, copyright and/or other intellectual property rights under United States law and international law or licenses held by Hive & Colony or by third parties who have licensed their materials thereto. Hive & Colony and/or its suppliers own(s) the copyright in this Site, including the selection and arrangement of the Content. No right, title, or interest in the Content is transferred to you as a result of your use of this Site or your creation of any garment using tools provided by or through the Site. Any logo, other graphics, or service names appearing at this Site are used by Hive & Colony with permission and may not be used (i) in connection with any other product or service without Hive & Colony’s express prior written permission, or (ii) in any manner that is likely to cause confusion among customers or that disparages or discredits Hive & Colony.
By using this Site, you agree not to reproduce, prepare derivatives of, distribute, display or perform publicly, or transmit the Content without the prior written permission of Hive & Colony, except for materials downloaded, printed or stored for personal, non-commercial uses or materials made available through means provided through the Site (e.g., by sharing such Content through third-party sites such as Digg, Facebook, and the like). Any materials downloaded, printed or stored for personal, non-commercial uses must retain any copyright, trademark, patent, or any other proprietary notices originally contained thereon.
5. PRODUCT INFORMATION
The prices displayed at this Site are quoted in U.S. Dollars (USD) and are valid and effective only in the United States. Prices are subject to change without notice.
Hive & Colony makes every effort to display as accurately as possible the colors of the products that appear on this Site. The actual colors you see when you view the Site will depend on your monitor and, as a result, Hive & Colony cannot guarantee that your monitor's display of any color will be accurate.
7. COMMUNICATIONS WITH HIVE & COLONY
All information, ideas, comments, suggestions or other communications that you transmit to Hive & Colony or their licensors and/or suppliers concerning the materials contained in this Site or the products or services offered by this Site (collectively, the “Communications”) shall be on a non-confidential basis and shall be and remain the sole and exclusive property of Hive & Colony, its licensors and/or suppliers. Disclosing or submitting Communications to Hive & Colony or their licensors and/or suppliers shall constitute an assignment to Hive & Colony of all right, title and interest, worldwide, in all intellectual properties disclosed or contained within such Communications. As a result, Hive & Colony and their licensors and/or suppliers shall own any such Communications exclusively and shall therefore be free to use, disclose, reproduce, prepare derivatives of, distribute, or display or perform publicly (by any means), any such Communications without limitation or obligation of any kind or to any party. In no event shall Hive & Colony be obligated to pay any compensation of any kind for any Communications or use thereof or to respond to any Communications.
You agree that no Communications submitted by you to the Site will violate any right of any third party, including copyright, trademark, patent, privacy, or other personal or proprietary right(s). You further agree that no Communications submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
10. WARRANTY DISCLAIMERSYOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
HIVE & COLONY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HIVE & COLONY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR THE MONITORING OF ANY TRANSMISSION OR TRANSACTION OF ANY KIND BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY ENVIRONMENT, YOU SHOULD ALWAYS USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
HIVE & COLONY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES TO, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND FROM JURISDICTION TO JURISDICTION.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL HIVE & COLONY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, EXEMPLARY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOST GOODWILL, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES), ARISING OUT OF ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR ARISING OUT OF THE USE, THE INABILITY TO USE, THE RESULTS OF USE, OR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Trademarks. Hive & Colony™, the Hive & Colony logo, and any and all other logos and names appearing on this Site are trademarks of Hive & Colony or are used with the express permission of their respective owners. You agree not to display or use these trademarks in any manner without Hive & Colony’s prior written consent.