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Terms of Service

ELVA MAE, LLC. TERMS OF SERVICE
Effective Date: September 22, 2018
Through this Website and related Social Media accounts, including
without limitation Facebook, Snapchat, and Instagram, Elva Mae, LLC.
(“Elva Mae,” “We,” “Us,” “Our”) makes available a variety of fashion-
forward clothing and accessories on wholesale and retail basis (the
“Service(s)”) in exchange for payment by you.
This Service is offered subject to your acceptance of these Terms of
Service (“Terms”) as well as any relevant sections of the Elva Mae
PRIVACY NOTICE.
These Terms constitute the entire Agreement between you and Elva
Mae and govern your use of the Website, and they supersede any prior
agreements between you and Elva Mae.
Please read these Terms carefully before using our Service.
By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT
INFORMATION, SHIPPING AND BILLING ADDRESS, creating an
Account, and/or clicking “Purchase” or other similar button, You
acknowledge that you:
 have read these Terms,
 understand these Terms, and
 accept and agree to be bound by them.

If you disagree with these Terms, please do not use the Services or Our
Website. If at any time you are not willing to be bound by these terms,
you should, where applicable:
 click the “I do not accept” or similar button, and
 immediately cease and refrain from accessing or using the
Services.
1)      RETURNS
Elva Mae wants you to be satisfied with your purchases from this
Website. Eligible items may be returned to Elva Mae in accordance with
any Return Policy posted on this Website.
2)      PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Website shall
be governed by the rules regulating such event.
3)      INTELLECTUAL PROPERTY
1. a)      Property of Elva Mae
The contents of the Services, including the Website and other materials
made available via related Social Media, are protected by United States
copyright, trademark and other intellectual property laws and
international treaties and owned or controlled by Elva Mae, or the party
credited as the provider of the materials. You agree to abide by all
additional copyright notices, information, or restrictions contained in
any materials accessed through the Services.

By accepting these Terms, you further acknowledge and agree that we
and any of our third party licensors own and shall continue to own all
right, title, and interest in and to the materials and other elements of
our services, including associated intellectual property rights under
copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you
herein, these Terms do not grant you any ownership or other right
or interest in or to the materials and/or other elements of the
Services, or any other intellectual property rights of ours, whether
by implication, estoppel, or otherwise. Any and all trademarks or
service marks that we use in connection with the Services are marks
owned by us. These Terms do not grant you any right, license, or
interest in such marks, and you shall not assert any right, license, or
interest in such marks or any words or designs that are confusingly
similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale
of, reproduce (except where expressly permitted for the storage of
downloadable material), create new works from, distribute, perform,
display, or in any way exploit, any of the content on this Website, or the
Services (including software), in whole or in part.
1. b)      User-generated Content
We do not claim ownership of user-generated content and material. Any
and all photographs, articles, images, graphics, videos, sounds, music,
audio recordings, text, files, profiles, communications, comments,

feedback, suggestions, ideas, concepts, questions, data or other
content that you:
(i) submit or post on the Site, on any of our blogs, social media
accounts or through tools or applications we provide for posting or
sharing such content with us; or
(ii) have posted or uploaded to your social media accounts, including
but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest,
which are tagged with #ElvaMae or any other Elva Mae promoted
hashtag (collectively “User Content”) shall be deemed non-confidential
and nonproprietary.
By submitting or posting any User Content, you grant to Elva Mae and
its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-
licensable and transferable license to copy, publish, translate, modify,
reformat, create derivative works from, distribute, reproduce, sell,
display, transmit, publish, broadcast, host, archive, store, cache, use or
otherwise exploit all or any portion of the User Content, as well as your
name, persona and likeness included in any User Content and your
social media account handle, username, real name, profile picture
and/or any other information associated with the User Content, in any
commercial or noncommercial manner whatsoever, in whole or in part,
in any and all distribution channels, forms, media or technology,
whether now known or hereafter developed, including but not limited to
in stores, printed marketing materials, emails, web pages, social media
accounts and for any other marketing, advertising, public relations,
sales or promotional purposes with or without attribution and without
further notice to you.

Neither you, nor any other person or entity, will have the right to:
(i) receive any royalty or consideration of any kind for the use of the
User Content pursuant to these Terms, or
(ii) inspect or approve the editorial copy or other material that may be
used in connection with the User Content.
Elva Mae will be free to use any ideas, concepts, know-how or
techniques contained in such User Content for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products that incorporate or otherwise rely upon such information. Elva
Mae shall have no obligation to monitor User Content, use or display
User Content, compensate you for submitting User Content or respond
to any User Content. Elva Mae retains the right, in its sole discretion
and without prior notice, to remove, revise or refuse to post any User
Content for any reason or no reason. Subject to the licenses granted in
these Terms, you retain ownership of any copyright and other rights you
may have in the User Content.
By submitting or posting User Content on the Site, on your social media
accounts or through any tools or applications we provide for posting or
sharing your User Content with us, you represent and warrant that:
(i) you own or control any and all rights in and to the User Content, and
the right to grant all of the rights and licenses in these Terms, and if
you are not the holder of such rights, the holder of such rights has
completely and effectively waived all such rights and irrevocably
granted you the right to grant the licenses stated above without the
need for payment to you or any other person or entity;

(ii) you have obtained permission from any individuals that appear in
the User Content to use, and grant others the right to use, their name,
image, voice and/or likeness without the need for payment to you or any
other person or entity;
(iii) you are 18 years of age or older; and
(iv) the User Content does not:
(a) contain false or misleading information,
(b) infringe on the intellectual property, privacy, publicity, statutory,
contractual or other rights of any third party,
(c) contain any libelous, defamatory, obscene, offensive, threatening or
otherwise harassing or hateful content,
(d) contain any addresses, email addresses, phone numbers or any
contact information or
(e) contain computer viruses, worms or other harmful files.
Upon request by Elva Mae, you will furnish Elva Mae any
documentation, substantiation or releases necessary to verify your
compliance with these Terms.
Elva Mae does not guarantee the truthfulness, accuracy or reliability of
any User Content or endorse any opinions expressed by you or anyone
else.
By submitting or posting the User Content you fully and unconditionally
release and forever discharge Elva Mae and its officers, directors,

employees and agents from any and all claims, demands and damages
(actual or consequential, direct or indirect), whether now known or
unknown, of every kind and nature relating to, arising out of or in any
way connected with:
(i) disputes between you and one or more users or any other person or
entity, or
(ii) the use by Elva Mae or you of the User Content, including, without
limitation, any and all claims that use of the User Content pursuant to
these Terms violates any of your intellectual property rights, copyrights,
rights of publicity or privacy, “moral rights,” or rights of attribution and
integrity.
You acknowledge and agree that Elva Mae has no control over, and
shall have no liability for any damages resulting from the use
(including, without limitation, re-publication) or misuse by you or any
third party of any User Content. Elva Mae acts as a passive conduit for
User Content and has no obligation to screen or monitor User Content.
If Elva Mae becomes aware of any User Content that allegedly may not
conform to these Terms, Elva Mae may investigate the allegation and
determine in its sole discretion whether to take action in accordance
with these Terms. Elva Mae has no liability or responsibility to Users for
performance or nonperformance of such activities.
ELVA MAE HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR
DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS
CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO
SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM

AGAINST ELVA MAE FOR SUCH REMOVAL AND/OR DELETION.
ELVA MAE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO
STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT
THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE
COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION
YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
DISCLAIMERS OF WARRANTIES AND LIMITAITONS OF LIABILITY
1. Site Content
We are committed to providing You with a reasonably accurate
catalogue of clothing, fashion accessories, and information regarding
the same. However, there may be inadvertent technical or factual
inaccuracies and typographical errors, including reference to product
availability, product descriptions, pricing, and others, from time to time.
Therefore, We reserve the right to change this site and make
corrections at any time without notice.
In addition, it is impossible for Us to predict and otherwise account for
changes across all product and service providers at all times. Certain
products, goods, and services described on this site may not be
available for purchase in or delivery to your region or jurisdiction.
2. No Warranties
Elva Mae makes no warranties or representations of any kind regarding
any third-party site to which you may be directed or hyperlinked from
this Website. Hyperlinks are included for your convenience only, and
Elva Mae makes no representations or warranties with regard to the

accuracy, availability, suitability, or safety of information, products,
and/or services provided in such third-party sites. Similarly, we do not
endorse, warrant, or guarantee any products or services offered or
provided by or on behalf of third parties on this Website.
In no event will We be liable to You or any party related to You for any
damage or other pecuniary loss, whether under a theory of contract,
warranty, tort (including negligence) products liability or otherwise,
even if We have been advised of the possibility of such damages. As
such THE SERVICES AND FEATURES ASSOCIATED WITH OUR
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Any testimonials, reviews, or other user opinions regarding this Service
viewable on this Website or related Social Media are based on
individual experiences using this Service. There is no guarantee that
you will experience the same level of satisfaction.
YOU HEREBY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT
YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent
enforceable under applicable law.
 

MISCELLANEOUS
1. Termination
We may elect to terminate the Services on this Website at Our
discretion without notice to You or any liability for any reasons
whatsoever, including without limitation, if You breach these Terms.
You may terminate any account You establish via this Website at any
time upon email notice to Us.
2. Amendments
We reserve the right to amend these Terms, including the Privacy
Notice. Such revisions shall be effective 30 days after posting. We will
endeavor to maintain prior versions of the Terms, if any, for Your
reference for the 12-month period preceding the current date, which
may be viewed upon email request to Us.
We reserve the right to modify, terminate, or otherwise amend Services
available via this Website and advertised on related Social Media
accounts. We may, in the future, offer new and/or different services
and/or features through Our Website and associated Social Media
accounts. Such new features and/or services shall be subject to these
Terms. 
3. Indemnity
You agree to defend, indemnify and hold Elva Mae, its directors,
officers, employees, agents and affiliates harmless from any and all
claims, liabilities, damages, costs and expenses, including reasonable

attorneys’ fees, in any way arising from, related to or in connection with
your use of the Site, your violation of the Terms or the posting or
transmission of any materials on or through the Site by you, including,
but not limited to, any third-party claim that any information or materials
you provide infringes any third-party proprietary right.
You are solely responsible for the User Content and you hereby agree
to indemnify and hold Elva Mae and its employees, agents, affiliates,
assigns and licensees harmless from any and all damages, claims,
expenses, costs or fees arising from or in connection with a breach of
any of the foregoing representations or your violation of any law or
rights of a third party.
3. Governing Law and Disputes
These Terms in all respects shall be governed by and construed
according to the laws of the State of Georgia. The venue for any
dispute shall be in Fulton County.
This Agreement is entered into in Fulton County, Georgia. You agree
and consent to the exclusive jurisdiction and venue of the state of
Georgia and county of Fulton for any dispute arising from or related to
this Agreement.
California Proposition 65
We make this warning as a result of Proposition 65, the Safe Drinking
Water and Toxic Enforcement Act of 1986, which requires us to inform
citizens in California about exposures to certain chemicals. WARNING:

Products sold on this site may contain chemicals known to the State of
California to cause cancer, birth defects or other reproductive harm.