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AFFILIATES = companies and divisions under the ownership of Dolce Vita or that own Dolce Vita.
CONTENT = all Text, Graphics, Design and Programming used on the Site.
GRAPHICS = all logos, buttons + other graphical elements on the Site. Includes color combos + page layout of the Site with the exception of trademarks + intellectual property belonging to third-parties displayed with permission.
TEXT = includes all text on every page of the Site (editorial + navigational + instructional).
Certain functions of the Site may require registration, including purchasing products and posting reviews. You may only create and use an account for your own personal use. If you register or provide info to us in any manner, you agree to provide only true, accurate, current and complete info. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such info by, among other things, keeping your password and other info relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Site and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain info for record keeping, administrative, legal and technical purposes, and there may also be residual info that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promos and other marketing material to you via email. You may unsubscribe any time. You may access your account at My Account.
PRODUCT INFO AND SPECIFICATIONS
All features, Content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain colors, measures and similar descriptions may be approximate and are provided for convenience purposes only. For example, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site. We attempt to ensure that info on the Site is complete, accurate and current. Despite our efforts, the info on this Site may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or correctness of any info on the Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.
PRODUCT ORDERS / QUANTITY LIMITS / RESALE
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will continue to be available. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site.
REFUNDS + EXCHANGES
We want to make sure that you are satisfied with the products purchased on the Site. We gladly accept returns of unworn merchandise within 30 days of delivery. This excludes "Final Sale" items which may not be returned or exchanged.
SWEEPSTAKES, CONTESTS AND PROMOS
YOU SPECIFICALLY AGREE NOT TO USE THIS SITE TO:
// Email or transmit Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful // Harm or exploit children // Advocate illegal activity or an intention to commit an illegal act // Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the Content // Email or transmit Content that constitutes a "pyramid" or similar scheme // Email or transmit Content that infringes on the intellectual property or the right of any entity or person // Advertise or otherwise engage in any commercial endeavor without Dolce Vita's explicit, written permission // Intentionally or unintentionally violate any applicable local, state, national or international law // Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software / hardware / telecommunications OR disrupt the normal flow of communications or affect the ability of others to engage in activities via this Site.
LIMITATIONS ON INFO SUBMITTED
ANY SUBMISSIONS TO US, THROUGH THE SITE OR OTHERWISE, ARE SUBJECT TO THE FOLLOWING GUIDELINES AND RESTRICTIONS:
It may not contain URLs or links to any other sites (to advertise your company or site, contact our Sales department at email@example.com); It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner // It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components // It is not or could not be construed to be spam mail or any robot, spider, Site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Contents // It may not contain trade secrets (unless you own them or have the owner's permission to transmit them) // It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks // It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful // It may not contain info that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the info posted by you // It may not present info which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age // You may not solicit money, investments or make any offering of securities or investments // You may not submit chain letters or pyramid schemes // You may not submit opinions or notices, commercial or otherwise.
Dolce Vita may offer features through the Site that enable you to post info and materials publicly, for example, in product reviews, chat areas, and other similar forums (collectively, "Forums"). All of the rules of conduct described in the Limitations on Info Submitted section above apply to the Forums. We reserve the right, at our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Site. By submitting Content to a Forum, you grant Dolce Vita a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world on the Site or any other media, now known or hereafter devised; and (b) use the name that you submit in connection with such content.
The Forums include the opinions, statements and other Content of third parties. We are not responsible for screening, monitoring or verifying such Content in the Forums, including such Content's accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Site are those of such third parties and not of Dolce Vita, and Dolce Vita does not endorse any such opinions, statements or materials. From time to time, we may offer customers incentives to leave product reviews (for example, to earn points as a member of a loyalty program). Since it is important to us that product reviews are impartial and honest, these incentives will be available to customers regardless of whether a review is positive or negative.
Dolce Vita does not assume any obligation to review or monitor the Content or other info submitted to the Site by third parties. You assume the risk of verifying the accuracy of such info posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review info submitted to the Site for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any info submitted to the Site for any reason whatsoever.
PROCEDURE FOR MAKING + RESPONDING TO CLAIMS OF COPYRIGHT INFRINGEMENT
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Site's designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and info reasonably sufficient to permit Site to locate the material; (4) info reasonably sufficient to permit Site to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the info in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached at: DIRECT / 52-16 Barnett Ave / Long Island City, NY 11104 / Attn: Director of Customer Service, Ecommerce or at INFO@DOLCEVITA.COM.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that we have removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Site. To the fullest extent permitted by applicable law, your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, is expressly limited as follows:
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILTY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE SITE AND PRODUCTS, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.
DOLCE VITA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. DOLCE VITA DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS SITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND DOLCE VITA MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME IN ITS SOLE DISCRETION WITH OR WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DOLCE VITA NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS SITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOLCE VITA AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIES, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, ACTUAL, SPECIAL OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOLCE VITA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE SITE (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE, OR A MAXIMUM OF $100.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOLCE VITA IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SITE OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. DOLCE VITA IS NOT RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE SITE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND ANY CONSEQUENCE THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SITE.
NOTICE TO NEW JERSEY RESIDENTS
VIRUSES + TRANSMISSION OF SENSITIVE INFO
Dolce Vita cannot and does not guarantee or warrant that the materials contained on this Site will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Dolce Vita does not assume any responsibility or risk for your use of the Internet, nor does Dolce Vita assume any responsibility for any products or services of, or hyperlinks to, third-parties.
We do not represent that materials on the Site are appropriate or available for use in your location. Persons who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you are having trouble accessing www.dolcevita.com please call our Customer Service Team at 1 877-525-2833 for assistance.
Last updated: March 13, 2018