TERMS OF USE

Last Updated: March 17, 2025

INTRODUCTION

Welcome to Princess Polly! We are pleased you have visited our website(s): https://www. https://us.princesspolly.com/, https://www.princesspolly.com.au, https://princesspolly.co.uk/ (the “Website”). This Terms of Use agreement (the “Terms of Use”) and our Privacy Policy specify the terms and conditions for access to and use of the Website, and all other websites, applications, social media platforms, platforms, tools, mobile sites, and mobile applications where these Terms of Use appear or are linked, and the use of our services through the Website. In these Terms of Use, the terms “Princess Polly,” “we,” and “us” refers to Princess Polly, its parent company a.k.a. Brands, Inc., and a.k.a. Brands Inc.’s respective subsidiaries and affiliated companies.  

ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER. DETAILS OF THESE PROVISIONS ARE EXPLAINED BELOW.

YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, UNLESS OTHERWISE STATED, ALL DISPUTES BETWEEN YOU AND PRINCESS POLLY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS OF USE VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.

ACCEPTANCE OF THE TERMS OF USE

Please read the Terms of Use carefully before you use the Website. These Terms of Use apply to all visitors, Users and others who access or use the Website (collectively, “Users”). By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Terms of Sale, and our Privacy Policy, incorporated herein by reference. In addition, when using the Website, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time (“Additional Terms”) also hereby incorporated by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

INTENDED AUDIENCE

This is a contract between you and Princess Polly. Any use of the Website by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms of Use. If you are under the age of majority in your state of residence (18, 19 or 21), you represent that you have your parent or guardian’s permission to use the Website and that your parent or guardian is agreeing to these Terms of Use. If you are a parent or legal guardian of a User of the Website under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Use, and responsible for your child’s activity on the Website. Our Website is not available to any Users we previously removed from our Website. 

PRIVACY

Please take time to read our Privacy Policy, , also found at https://us.princesspolly.com/pages/your-privacy, which provides a transparent view of how we collect, use, and share personal information. Your visit to our Website is also governed by our Privacy Policy.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend that you check this page regularly, so you are aware of any changes.

DISCONTINUTAION OR SUSPENSION TO THE WEBSITE

Subject to your compliance with these Terms of Use, you may access and use our Website solely for your personal, non-commercial use. We may, at any time and without liability, modify, suspend, or discontinue, temporarily or permanently, the Website (including access to the Website via any third-party links), with or without notice to you; charge, modify or waive any fees required to use our services; or offer opportunities to some or all users. This includes the right to modify, discontinue or remove any content, postings, links, pages, goods, services, or other materials at any time and for any reason. We may refuse or restrict anyone from access to the Website at any time.

USER ACCOUNTS

Your account on our Website (your "User Account") gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of users. Your account is for your personal use only and you may not authorize others to use your account, and your account is not transferable or sublicensable to third parties. You may never use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE AND YOUR ACCOUNT BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE OR YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, PURCHASE AND FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. 

You may control certain aspects of your User Account and how you interact with our Website by changing the settings in your settings page. By providing us with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. You acknowledge that you do not own the User Account you use to access our Website. By connecting to our Website with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD-PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.

ALERTS & PROMOTIONAL COMMUNICATIONS

You may receive notifications, alerts, emails, text messages or other types of messages regarding the Website and our services in accordance with the terms of our Privacy Policy. We may also periodically send you emails or text messages to the email/number you provide to us that directly promote certain services and products. When you receive such promotional messages from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email or text message you receive or to change your email preferences by contacting us at privacy@princesspolly.com. Opting out may prevent you from receiving messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving transactional or service-related notices.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You shall not, and shall not permit anyone else to, transfer, license, assign, distribute, translate, reverse engineer, decompile, disassemble, or modify the Website, duplicate the Website or portions thereof.  You agree not to use our services or access the Website:

• In any way that violates these Terms of Use or any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate Princess Polly, a Princess Polly employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Princess Polly or users of the Website, or expose them to liability.

• If you are a national of, or resident within any of the countries that are subject to trade embargo, restriction or other limitation under any laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.

Additionally, you agree not to:

• Engage in behavior through the Website that is intended to harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law.

• Post content that contains SPAM links to other websites or individuals.

• violate any policy posted on the Website or on any third-party platform (e.g., social media platforms). 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, retrieving, indexing, “scraping,” “data mining,” or copying any of the material on the Website;

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce, post, transmit, or otherwise make available through or in connection with the Website any viruses, Easter egg, Trojan horses, worms, logic or time bombs, spyware or other computer code, cancelbots, or other material, file, or program that is potentially malicious or technologically harmful or invasive or intended to damage, destroy, disrupt, impair or hijack the operation of a computer’s functionality or the operation of our (or anyone else’s) Website, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or to monitor the use of, any hardware, software or equipment.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

• Use the Website in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.

• Use the Website for benchmarking or competitive analysis of the Website. 

• Identify us or display any portion of our Website on any site or service that infringes any of our intellectual property or other rights.

• Identify or refer to us or our Website in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third-party and us, other than your permitted use of our Website under these Terms of Use, without our express written consent.

We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third-party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Website.

ANY USE OF THE WEBSITE OR SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.

USER CONTENT

The Website allows Users to submit, post, display, provide, or otherwise disclose, or offer in connection with your use of this Website, content, including content from or via third parties or third-party services or other websites such as Instagram or TikTok that may interact with this Website, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags so long as you comply with these Terms of Use, and the content is not illegal or injurious to third parties (collectively, “User Content”). User Content may include information that personally identifies you or someone else. 

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. However, you specifically grant us an irrevocable, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances Princess Polly may also share your contribution with trusted third parties. 

You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to Princess Polly in connection with User Content. You further represent and warrant that you have all rights necessary to grant, Princess Polly the license set forth in these Terms of Use to your User Content.

You understand and agree that it is your obligation to make sure the User Content you submit to the Website does not violate any law or infringe any rights of any third-party, including but not limited to any intellectual property rights and privacy rights, and you represent and warrant that have obtained and are solely responsible for obtaining all consents as may be required by law from all persons named, identified, referred or alluded to, either explicitly or implicitly, in any such information you provide in any User Content and, if required, will provide us with such written permission upon our request. You also understand and agree that User Content you submit to the Website must not be and will not contain libelous or otherwise unlawful, derogatory, defamatory, threatening, harassing, abusive, slanderous, abusive, obscene, indecent, or otherwise objectionable or embarrassing material in Princess Polly’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website or other websites such as Instagram or TikTok that may interact with this Website.

Princess Polly is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for use of any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over our Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our Website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Princess Polly shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

If you do not want to grant Princess Polly the permission set out above on these terms, please do not submit User Content. 

SUBMISSION OF INFORMATION

Your submission of information through the Website is governed by our Privacy Policy. You represent and warrant that any information you provide in connection with the Website is and will remain truthful, accurate and complete, and that you will maintain and update such information as needed.  Princess Polly reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Princess Polly owns and shall continue to own all right, title and interest in and to all aggregate or deidentified data and any statistical information, benchmarking, comparison, and other analytics or analyses created or developed by Princess Polly from performance and usage data generated through your use of the Website.  

Notwithstanding anything in these Terms of Use to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third-party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration, or transfer.

MONITORING & ENFORCEMENT

We have the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Princess Polly.

• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS PRINCESS POLLY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PRINCESS POLLY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE PRINCESS POLLY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

USER CONTENT STANDARDS

These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any business, person, or entity, including Princess Polly, its related entities, employees and agents or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

TEXT MESSAGING

By consenting to Princess Polly’s text messaging at checkout, subscribing via our subscription tools or providing your phone number, you agree to receive recurring text notifications and updates for your order (including abandoned checkout reminders), text marketing offers including SMS, MMS, Chat and WhatsApp messaging channels, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. 

Consent is not a condition of purchase. Your consent and participation in any text message program is completely voluntary.

You may opt out at any time. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. Some Princess Polly text message programs are different and, except where legally required, you will need to opt out separately from those programs. We do not charge for the messaging service, but you are responsible for all data charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us here for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. All information collected in connection with our text messaging programs is governed by our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP 

Except for your User Content, you understand and accept that our Website and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message or other material appearing on this Website, including User Content belonging to other users (collectively, “Our Content”), and all intellectual property rights related thereto, are the exclusive property of Princess Polly or its licensors (including other users who post User Content to our Website). 

You are expressly prohibited from using any of Our Content without the express written consent of Princess Polly or its licensors. Except as otherwise stated in these Terms of Use, none of Our Content may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Princess Polly, and/or the appropriate licensor. You obtain no ownership rights in the Website or any content contained therein by creating an account. Instead, you are given a limited, revocable, nonexclusive license to use the Website solely for your own personal, non-commercial, use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use in accordance with these Terms of Use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. 

Permission is granted to display, copy, distribute, and download Our Content solely for personal, non-commercial use provided that you make no modifications to the Our Content and that all copyright and other proprietary notices contained in the Our Content are retained. You may not, without Princess Polly' express written permission, create or maintain a server that contains a duplicate or 'mirror' of any material contained on this Website or any other server. 

Any permission granted under these Terms of Use terminates automatically without further notice if you breach any term or condition in these Terms of Use. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Website may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

COPYRIGHT INFRINGEMENT NOTICE

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that Our Content or any User Content featured on our Website infringes your copyright, or other intellectual property rights, please notify us by providing the following information:

• Your address, telephone number, and email address.

• A description of the copyrighted work that you claim has been infringed.

• A description of where the alleged infringing material is located on our Website.

• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agents, or otherwise allowed for applicable law.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material.

• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Failure to provide us with notice in accordance with the terms above may render your notice invalid.  Our Copyright Agent can be reached as follows:

By Mail: Princess Polly, Attn: Copyright Compliance
750 N. San Vicente Blvd, Suite RE1450, West Hollywood, CA 90069 USA

By email: privacy@princesspolly.com  

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

FEEDBACK 

If you provide us any suggestions, ideas, proposals, comments, feedback or other information (“Feedback”), whether related to the Website or otherwise, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third-party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as product reviews and testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory. You acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this Section and that your Feedback, and your provision of Feedback through and in connection with the Website, do not violate any terms or conditions of these Terms of Use, is authentic, truthful, complete and accurate, and is not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third-party.

LINKING & SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent. 

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website.

• Send messages or other communications with certain content, or links to certain content, on the Website.

• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make Our Content accessible, must comply in all respects with these Terms of Use. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. 

THIRD-PARTY WEBSITES

Any links contained on the Website are for the use and enjoyment of our visitors. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or approve any linked information or entity; and the existence of any particular link is simply intended to imply potential interest to the reader. If, in your interactions with the Website, you are linked or directed to, or click on, a third-party website, we cannot control what information you may provide to that party or on that website, and we are not responsible for how that party may use or disclose any information you may provide to them. This is not as an endorsement by us of any third-party website, content that may be offered on such third-party website, or of any products or services provided by such third-party. We do not control, nor are we responsible for, such third-party website, product or service offerings. As such, we urge that you exercise caution before providing them with your information and to review the third-party’s policies and procedures. You should contact the website administrator for such third-party website if you have any complaints, claims, concerns or questions regarding such third-party website or its privacy practices.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND INFORMATION ON THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. PRINCESS POLLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

FURTHER, PRINCESS POLLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH OUR WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PRINCESS POLLY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION ON LIABILITY

IN NO EVENT WILL PRINCESS POLLY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

These limitations of liability shall apply even if a limited remedy fails of its essential purpose. The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use the Website, or from any third-party websites, including from any virus that may be transmitted in connection therewith, or any other matter arising from or relating to the Website. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.  If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.

IN THE EVENT THE FOREGOING EXCLUSION OF LIABILITY IS DETERMINED, IN WHOLE OR IN PART, TO BE INVALID OR UNENFORCEABLE, THEN IN NO EVENT SHALL PRINCESS POLLY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PRINCESS POLLY HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Princess Polly, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use of (or inability to use) the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products, or your use of any information obtained from the Website and (c) any other activities of yours accomplished using our services or the Website.

ARBITRATION

Using or accessing the Website constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Princess Polly will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PRINCESS POLLY, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, AND YOU AGREE THAT PRINCESS POLLY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. 

For United States residents, the arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The seat of arbitration shall be in the exclusive jurisdiction of the State of California.

For Australian residents the arbitration will be administered by the Australian Centre for International Commercial Arbitration (“ACICA”) in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be the State of Queensland, Australia. The language of the arbitration shall be English.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the applicable rule-making authority or by the arbitrator. The arbitrator’s decision will follow these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies.

GOVERNING LAW

You agree that, unless otherwise expressly set forth herein, the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and Princess Polly or our affiliates.  The parties agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state and federal courts located in the state of California, with respect to such matters.

If you are a resident of Australia, these Terms of Use will be governed by and construed under the laws of the State of Queensland, Australia, without regard to conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.

COMPLIANCE WITH LAWS

You may use the Website only for lawful purposes. The Website and use of our services is subject to, and you agree that you will at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Website. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization from us. 

WAIVER & SEVERABILITY

The failure of Princess Polly to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of this Terms of Use by Princess Polly must be in writing and signed by an authorized representative of Princess Polly. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

TERMINATION

Princess Polly may terminate this Terms of Use agreement or access to the Website at any time, or any portion thereof, with or without notice, for any reason. Upon any such termination or suspension, your right to use the Website and our services will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete all associated materials, without any obligation to provide any further access to such materials. Termination of these Terms of Use shall not limit Princess Polly from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve your obligation to pay all fees that have accrued or are otherwise owed by you under these Terms of Use. Any provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive the termination or expiration of these Terms of Use and continue in full force and effect thereafter. We may retain and use the information about your use of the Website as set forth in our Privacy Policy and our other policies.  

ASSIGNMENT

You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

FORCE MAJEURE

Princess Polly shall not be liable to you for any delay or failure to perform obligations hereunder or under the Terms of Sale if such delay or failure arises from any cause or causes beyond the reasonable control of Princess Polly. Such causes shall include, but are not limited to, acts of God, acts of governmental authority, floods, fires, loss of electricity or other utilities, or delays by you in providing required resources or support or performing any other requirements.

NOTICES 

Princess Polly may give notice by means of a notification on the Website or through electronic mail to your e-mail address on file with Princess Polly, or by written communication sent by first class mail or pre-paid post to your address on file with Princess Polly. You may give notice to Princess Polly at any time by e-mailing company at our contact e-mail provided below. All notices shall be deemed to have been given five days after mailing if sent by first class mail. Any notice of material breach shall clearly define the breach including the specific contractual obligation that has been breached.

CONTACT INFORMATION

This Website is operated by Princess Polly. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

If by e-mail: privacy@princesspolly.com 

If by mail: 

Princess Polly

Attention: Legal – Terms of Use

750 N. San Vicente Blvd, Suite RE1450

West Hollywood, CA 90069 USA