Please read these terms and conditions carefully before using our website donna-ricco.com (the “Site”) operated by Donna Ricco (“Donna Ricco,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations governing the Site. If you do not agree with any of these Terms, you are not authorized to access or use the Site.
Intellectual Property
The Site and all materials, including images, illustrations, designs, photographs, video clips, audio clips, graphics, text, logos, icons, software and other content on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws.
You may view Content and make legitimate non-commercial uses of the Site. However, you must not copy, modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part.
Except as permitted in this Terms of Use or as generally permitted under applicable law, you may not use, reproduce, distribute, modify, transmit, or publicly display or operate other technology to access or use, any Content without the prior written permission of Donna Ricco.
Donna Ricco and its logos and other marks are trademarks of Donna Ricco and may not be copied, imitated or used, in whole or in part, without the prior written permission of Donna Ricco.
Site Access and Use
Donna Ricco provides access to and use of the Site to you subject to the terms and conditions set forth in this Terms of Use Agreement (“Terms“). By accessing or using the Site, you are indicating your agreement to these Terms. If you are unwilling or unable to be bound by these Terms, do not access or use the Site.
Donna Ricco reserves the right to deny or revoke access to or use of all or part of the Site, without notice, for any conduct that Donna Ricco believes violates any applicable law, violates these Terms, or is harmful to the interests of another user, a third-party service provider, merchant, business partner, or Donna Ricco.
You agree to use the Site only for lawful purposes. You will comply with all applicable laws and regulations when accessing or using the Site. You agree that you will not, nor will you assist or enable others to:
- Violate our Content Standards (described below);
- Use the Site to defame, abuse, harass, stalk, threaten, impersonate, intimidate or otherwise violate the legal rights of others;
- Publish, post, upload or distribute any inappropriate, profane, defamatory, infringing, obscene, or unlawful content;
- Upload or transmit viruses, worms, defects, Trojan horses, malware or any items of a destructive nature;
- Violate the security of the Site through unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You agree to provide accurate and complete information when interacting with the Site and to promptly update that information as applicable. Donna Ricco reserves the right to suspend or terminate your access to the Site if any information provided is untrue, inaccurate, out of date or incomplete.
User Accounts and Password Security
To access some features of the Site, you may be able to create a user account and password that must be used to access your account information (“Account”). You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose them to any third party. You must immediately notify Donna Ricco if you know or have reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised. You are liable for any activities or actions that occur using your Account credentials, whether authorized or unauthorized by you.
Privacy Policy
Please read the Donna Ricco Privacy Policy to understand how we collect, use and disclose information about you. The Privacy Policy is part of and subject to this Terms of Use Agreement.
Content Standards
Content uploaded, posted, transmitted or otherwise made available on the Site (“User Content”) must not:
- Infringe upon, misappropriate or violate the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
- Contain illegal or unauthorized content, including stolen content, hacked content, content gained from unauthorized access to databases or communications, and content gained by invading privacy or trespassing upon private property;
- Be defamatory, unlawfully threatening or harassing;
- Graphically portray nudity, sex acts or obscene gestures;
- Contain false statements constituting harassment, abuse or threats to any individual, group or organization;
- Solicit personally identifying information for unlawful or inappropriate purposes;
- Violate any applicable laws or regulations; or
- Otherwise fail to comply with these Terms.
Donna Ricco is not responsible for the accuracy, integrity or quality of any User Content. Donna Ricco does not endorse or assume liability for any User Content. However, Donna Ricco retains the right to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason in our sole discretion.
Purchases and Payments
You may have the option to purchase products or services through the Site. If you choose to make a purchase, you agree to pay all applicable fees and taxes, provide a valid payment method and accurate shipping and billing information.
Additional terms and conditions may apply to purchases of products or services and will be disclosed at the time of purchase. All purchases of products and services are subject to Donna Ricco’s refund policy in effect at the time of purchase.
We use third party service providers to process payments. By submitting an order, you authorize us to share information with such providers as needed to process your order and authorize the provider to initiate electronic debit or credit entries to your designated account. Updates to your payment information must be made through your Account. We are not responsible for errors made by the provider.
Shipping and Delivery
When you purchase a physical product, the product will be shipped to the address you provide at checkout. Please ensure your shipping address is complete and accurate prior to completing checkout.
Delivery dates and times are estimates only based on average shipping times and may be subject to delays. We are not liable for any delays in shipment arising from events outside our control. If an item does not arrive within the estimated delivery window, please contact us at [email protected].
Title and risk of loss pass to you upon our transfer of the products to the carrier. You are responsible for notifying us promptly of non-delivery or damage during shipping by contacting [email protected].
Returns and Refunds
Please review our Return Policy posted at donna-ricco.com/returns prior to making any purchases. The Return Policy contains important information about making returns, including timeframes, processes, exceptions, and restrictions.
Disclaimers
No Warranties: The Site and Content are provided “as is” without warranty of any kind. Donna Ricco disclaims all warranties, express, statutory or implied, including the warranties of merchantability, fitness for a particular purpose and non-infringement.
Accuracy and Integrity of Content: Donna Ricco attempts to ensure the integrity and accurateness of Content posted on the Site, but we make no guarantees about completeness or correctness. Content may be inaccurate, incomplete or outdated. Reliance on any Content is at your own risk.
Advertisements and Promotions: Donna Ricco may run advertisements and promotions from third parties on the Site. Your interactions with such parties are solely between you and the third party. Donna Ricco does not endorse or assume liability for any such promotions or sites accessed through the Site.
Limitation of Liability
Under no circumstances is Donna Ricco liable for any direct, indirect, punitive, incidental, consequential or special damages arising out of or related to your access to or use of, or inability to access or use, the Site and its Content. This includes damages arising from your reliance on any information obtained from the Site that results in loss of data, revenue, profits, use or other economic advantage.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers may not apply to you.
Indemnification
As a condition of your access to and use of the Site, you agree to indemnify, defend and hold harmless Donna Ricco and our owners, partners, affiliates, officers, directors, employees and agents from and against any claims, actions, demands, liabilities, judgments, losses, costs, damages or expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site; (ii) your breach of these Terms; or (iii) your violation of applicable law or the rights of any third party. You will cooperate fully in the defense of any claim. Donna Ricco reserves the right to assume the defense and control of any matter subject to indemnification by you.
Changes and Modifications
Donna Ricco may update these Terms from time to time. Updated versions will be posted on the Site with an updated effective date. Please check this page periodically for updates. Continued use of the Site following the posting of updated Terms constitutes acceptance of the updates. Material changes to these Terms will be prominently posted.
Termination
Donna Ricco reserves the right to suspend or terminate your access to all or part of the Site with or without notice for any actual or suspected violation of these Terms or any applicable law or regulation, or for any other reason in our sole discretion. Upon such suspension or termination, you must immediately cease using the Site. The provisions of these Terms related to ownership, limitation of liability, disclaimers, indemnity, applicable law, and dispute resolution will survive termination of these Terms.
Applicable Law
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. Any dispute related to these Terms or access to or use of the Site will be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, United States.
Dispute Resolution
If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Donna Ricco’s actual or alleged intellectual property rights (an “IP Dispute”), Donna Ricco and you agree to send a written notice to the other providing a reasonable description of the Dispute or IP Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists, or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: Donna Ricco,[email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, Donna Ricco and you will engage in a dialogue with the objective of resolving the Dispute or IP Dispute, though nothing will require either you or Donna Ricco to resolve the Dispute or IP Dispute on terms with respect to which you and Donna Ricco, in each of our sole discretion, are not comfortable.
Contact Us
If you have any questions about the Site or these Terms, please contact us at:
Donna Ricco
[email protected]