Terms of Service
Welcome! We are Baroque USA Limited. We provide website features, products and services to you when you visit or shop at moussy-global.com (collectively, our "Services"). All of our Services are subject to these Terms of Service. We reserve the right to modify these Terms of Service at any time and without notice to you. By visiting our website, you agree to these Terms of Service. Please read them carefully.
Conditional Use of Our Services
You are only permitted to use our Services if you agree that you:
• are 13 years of age or older, but are 18 years of age or older to purchase any product;
• will comply with these Terms of Service;
• will not copy or distribute any content from our Services in any medium without our prior written authorization;
• will provide accurate information when creating an account or registering for our Services;
• will not use the communication systems provided by us or contacts made on our Services for any commercial solicitation purposes;
• will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account and
• affirm we have the right to terminate your account with or without prior notice.
We provide optional Services to our users, and may provide others (for example, Gift Cards) (the “Additional Services”). When signing up for or accepting Additional Services, you may be required to agree to other terms and conditions (“Additional Terms”). Those Additional Terms do not amend or control over these Terms of Service, unless the Additional Terms directly contradict terms and conditions in these Terms of Service, but then only with regard to the applicable Additional Services.
You may create an account on our Services. Individuals and entities whose privilege to access or use the Services has previously been terminated by us may not register for a new account. When you register, you will choose a unique sign in credential (a “User ID”). We rely on User IDs to know whether users using our Services are authorized to do so. Your User ID is personal to you, and you are not authorized to allow any other person or entity to use your User ID. You are responsible for preventing unauthorized use of your User ID. You are solely responsible for any and all purchases or access to or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Rules Regarding Content
When you use our Services, you have access to various kinds of information and materials, all of which we call “Content.” Content can be anything from photos of products, to pricing information, to videos, to information posted by other users of our Services. In your use of our Services, you agree not to change, deface or obscure any Content (including advertising and promotions) found on our Services.
Content also includes information and materials posted by you. You agree not to post or use any Content in any manner that:
• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
• violates the privacy, publicity, or other similar rights of third parties,
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion,
• is false or inaccurate, or
• could damage our company, affiliates, advertisers, merchants or other parties.
You affirm that we have the right to remove your content
We may change or discontinue any of our Services at any time without prior notice. We reserve the right to terminate these Terms of Service with you at our election and for any reason, without prior notice, and these Terms of Service will automatically terminate in the event that you violate any of their terms and conditions. In the event of any termination, your right to access our Services will immediately end. Any product purchased prior to termination will be honored according to the purchase terms and these Terms of Service specifically applicable to such product.
We may change these Terms of Service, including our Privacy Statement, at any time. We will post notification of changes on our Services. Your continued use of our Services after the posting on our Services of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.
Limitations of Liability
Your sole and exclusive remedy for any dispute with us is to discontinue your use of our services. In no event shall our liability, or the liability of our affiliates, officers, directors, agents or vendors, for any and all claims relating to the use of our services exceed the total amount of fees that you paid us during the previous one-year period for the specific service or product at issue. We, our affiliates, officers, directors, agents, and vendors, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon our services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and merchants, shall be limited to the extent permitted by law.
You acknowledge and agree that we, our affiliates and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. This includes, without limitation, all rights in and to the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks and all the Content found on our Services are protected by copyright, trademark and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Other product and company names that are mentioned within our Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms of Service. We are not granting any license to you to use any Content found on our Services, except for the limited right to use our Services in accordance with these Terms of Service. We reserve all rights not expressly granted in and to the Content or our Services.
As between you and us, you retain any intellectual property rights in any Content that you post on our Services, and you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. You represent that you have all necessary licenses, rights, permissions, and consents in all Content submitted by you to grant such license to us. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Services.
We use electronic means to communicate with you, whether you visit our Services or send us emails, text, or SMS messages, or whether we post notices on our Services or communicate with you via email. Our customer service email address is email@example.com. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Last Updated: August 1, 2021