ABOUT TOULOUSE AND THESE TERMS OF USE

Toulouse, a branch of Ugly The Mag, North America, LLC. has its registered offices at W4298 County Road Z, Eau Claire, Wisconsin, United States of America. The Platforms are owned and edited by Toulouse.

These Terms of Use govern your use of Toulouse websites and mobile applications (together the “Platforms”). In these Terms of Use, we use the term Toulouse (and “we”, “us”, and “our”) to refer to the head office of Toulouse at the registered address above and its affiliates.

Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, them you are not authorized to continue use of the Platform.

UPDATES TO THESE TERMS OF USE

We may makes changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always b available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.

ABOUT OUR HOSTING SERVICES

Hosting Services for our website is provided by Squarespace.

Mobile applications may be hosted by other companies and you should refer to the relevant conditions of such other company.

OUR PRIVACY POLICY

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

USE OF MATERIALS ON THE PLATFORMS

Toulouse has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Toulouse products displayed on the platforms are representative of color, design and style, etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Toulouse cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise your visit one of our remote boutiques or authorized retailers prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own n0n-commercial, educational, private, or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that your see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“Toulouse Material”) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any Toulouse Material in any way for any public or commercial purposes. Furthermore, Toulouse Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the even of breach of any of these Terms of use, your permission to use Toulouse Material will automatically terminate and any copies made of Toulouse Material must be immediately destroyed. Any unauthorized use of Toulouse Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.

YOUR SUBMISSIONS AND UNSOLICITED COMMUNICATIONS

this section concerns communications sent to Toulouse. It does not concern the communication of personal information to Toulouse in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to Toulouse via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Toulouse. By sending communications to Toulouse, you automatically grant Toulouse a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicensee such rights to anyone. Anything that you transmit may be used by Toulouse and its affiliated companies for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Furthermore, Toulouse enjoys a worldwide reputation for both the design and manufacture of jewelry, fine jewelry, high quality soft goods, and other high quality goods. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Toulouse’s creations. As a result, Toulouse cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Toulouse may already be working on similar ideas and/or creations. Consequently, you are advised that Toulouse is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

LIMITATION OF LIABILITY

This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.

Toulouse tries to ensure that the information provided is accurate and complete. However, Toulouse does not warrant or represent that Toulouse’s Material is accurate, error-free or reliable or that use of Toulouse Material will not infringe rights of third parties.

Toulouse does not warrant that the functional and/ or technical aspects of the Platforms or the Toulouse Material will be error free or that the Platforms, Toulouse Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Toulouse Material results in the need for servicing or replacing property, material, equipment, data or other element, Toulouse is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Toulouse and its suppliers make no warranties about the Toulouse Material, software, text, downloads, graphics, and links or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, Toulouse shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Toulouse has been advised of the possibility of such damages.

Please note that is some jurisdictions consumer protection laws may not allow certain exclusions or limitations of warranties or liabilities and consequently some of the above exclusions and limitations may not apply.

TRADEMARK NOTICE

In general, all trademarks, logos and services marks (collectively the “Trademarks”) that appear on the Platforms are registered, unregistered or otherwise protected Toulouse trademarks or are licensed for use by Toulouse by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark. Misuse of any trademark displayed on the Platforms, or any other content of the Platforms, except as provided herein, is strictly prohibited.

COPYRIGHT NOTICE

All content (including Toulouse Materials) on the Platforms are either Copyright © Toulouse or are licensed for use by Toulouse. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

LINKS & LINKING

The Platforms may contain links to other platforms operated by third parties not affiliated to Toulouse. The inclusion of any link to such third party sites does not imply endorsement by Toulouse of those sites. Toulouse has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.

Toulouse does not authorize linking to any of its Platforms from a third party platform without its express prior written authorization.

TERMINATION & SUSPENSION

You agree that Toulouse may terminate or suspend your access to and use of the Platforms if Toulouse reasonably believes that your have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Toulouse, its affiliated companies or any third party, with or without notice to you. You agree that Toulouse may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Toulouse will not be liable to you or any third party as a results of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.

GENERAL PROVISIONS

Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Toulouse’s products and services and in certain cased to present products for sale via a variety of means. Toulouse makes no representations that Toulouse Material is appropriate or available for use in every country of the world. You are responsible for compliance with the applicable laws, keeping in mind that access to Toulouse Material may not legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or partial-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of use constitute the entire agreement between you and use in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relations to such subject matter.

The waiver by Toulouse of a breach of any provision of the Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of the United States of America are different from mandatory consumer lows in your own country, we will afford you with similar protection.

SMS TERMS AND CONDITIONS FOR THE US

The following terms and conditions and any other related rules that are adopted by us shall apply to any SMS marketing campaigns that you may receive from Ugly The Mag or its affiliates.

Text JOIN to XXXX to join, or register through our website. You may receive a maximun of 1 message per week. Text HELP for help.

Message & data rates may applie.

Compatible carriers include: AT&T, *T-Moble, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Centennial Wireless, Virgin Mobil, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket.

*T-Moble is not liable for delayed or undelivered messages.

Your participation in the SMS Marketing campaign is not conditional on making a purchase. Texts may be sent using an automatic telephone dialing system.

to discontinue receiving SMS messages from us, text STOP to XXXX.

For additional help please call XXXX. For any further guidance on how we use your personal information, please refer to our Privacy Policy.

CONTACT US

If you have any questions or comments about these Terms of use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

Toulouse, Brand of Ugly the Mag North America. W4298 County Road Z, Eau Claire, WI 54701

+1 XXXX

toulouse.gemology.@gmail.com