Content and Intellectual Property
Unless otherwise noted, all design and Content featured on the Site, including navigational buttons and images, artwork, graphics, photography, text, User Generated Content (defined below) and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by us or that of our suppliers or licensors (“Content”).
We strive to maintain the accuracy of our Content, however the Site may contain inaccuracies, omissions, or errors. In effort to minimize inaccuracies, we reserve the right and sole discretion to change, delete, update, modify or alter the Content at any time without providing notice. The Content is provided for information purposes only and is not binding on us in any way.
All worldwide rights, titles, and interest are reserved. The Content of our Site is intended solely for your personal, noncommercial use. Without our express authorization, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose. You may however, download or copy and print any of the page contents displayed on the Site, but please remember that these are available for your personal, noncommercial use only.
Legal Information and Use of Services
This Site is owned and operated by Cotton Canary. Our mailing address is:
- posting any information which is incomplete, false, inaccurate or not your own;
- engaging in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
- communicating, transmitting, or posting material that is copyrighted or owned by a third party, unless you have the permission of the owner to post it;
- hacking into the Site or any of the Services, or modifying another website so as to falsely imply it is associated or affiliated with the Site or Services;
- using any software, including “crawlers”, bots, browser plug-ins, or “add-ons” that “scrapes” or copies any portion of the Site; and
- accessing or attempting to access any password-protected, secure, or non-public areas of the Services or Site without the express permission of Cotton Canary.
For any portion of the Services that require a user name and/or password, you are responsible for all use of your account and for ensuring all use of your account complies fully with the provisions of these Terms. You certify and warrant that you are 18 years of age or older and shall be responsible for protecting the confidentiality of your user names(s) or password(s), if any.
Services may include links to the websites of third parties (“Links”). Any Links we provide are solely a convenience, and do not imply an endorsement by us. We make no representations regarding, and are not responsible for, the actions of third parties. If you choose to access anyone else’s website, you do so at your own risk.
We welcome your comments, reviews, suggestions, ideas, content tagged with #CottonCanary or other Cotton Canary brand hashtags, proposals, pictures, graphics, images, illustrations, designs, video and audio clips, and other materials (collectively, “User Generated Content”). We do not guarantee any confidentiality with respect to any User Generated Content.
If you submit User Generated Content, you grant to Cotton Canary an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, repost, retweet, 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.
You are entirely responsible for all User Generated content you submit. You agree that any submission shall be true, accurate, and you shall not use the Services to Submit any User Generated Content that (i) is not appropriate for the subject matter, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, pornographic, invasive of another’s privacy, or otherwise objectionable, (iv) is infringing of any intellectual or other proprietary rights of any third party, or (v) violates any applicable local, state, national or international law.
By visiting and engaging with the Site, you may submit to receiving emails and newsletters from us. We might, from time to time, distribute emails containing promotional offers, coupons, or contests. You can opt out of promotional emails from the “My Account” page, or by clicking the “opt-out” link at the bottom of an email from us. If you choose to participate in a contest we sponsor, please know you are not required to purchase, nor are you entitled to anything of value.
Product Pricing, Availability, and Color Information
We make every effort to display the fit and colors of our products as accurately as possible. However, distortions may occur on your monitor as images and colors resolve differently on various screens and devices.
Many of our items are of limited availability, and when we run out it might not be possible to replenish our stock. When this happens, we will remove the unavailable item from the Site as quickly as possible.
Additionally, prices displayed are subject to change. If an item is not available or has changed in price at the time you place an order, we will notify you. We are not responsible for typographical errors regarding price, availability, color, or any other matter.
We may offer products as part of a limited collection (“Limited Item”). In order to meet the price associated with a Limited Item, a minimum number of orders is required. If this minimum order count is not met, the Limited Item may not be made available for distribution. We will notify you of a cancellation of a Limited Item and will not be held liable for the cancellation of this order. You will receive a full refund for a Limited Item we cancel.
We can ship to virtually any address in the USA. Note, there are restrictions on some products, and items cannot be shipped to international destinations.
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose.
Any donations you make on the Site, whether for a charity, or a donation made to grow Cotton Canary as a company, are not tax deductible. You are not entitled to the receipt of any product or store credit. If you do receive a gift or a token of our gratitude, it may not be returned for a store credit or refund.
Disclaimer and Limitation of Liability
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT COTTON CANARY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
You agree to indemnify, defend and hold harmless Cotton Canary and any subsidiaries, affiliates, partners, officers, employees, licensors, service providers, contractors, suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or other policies incorporated by reference, or your violation of any law or the rights of a third party.
The Terms of this agreement are effective unless and until terminated by Cotton Canary. We may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of this agreement, or if we, for any reason otherwise, so decide to terminate.
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be applicable federal laws and the laws of the State of Maryland, without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Maryland, and will be subject to enforcement and interpretation solely in the appropriate courts within the state of Maryland.