Terms of Use
WELCOME TO WICKEDPEACOCK.COM (“the Site”). WICKED PEACOCK.COM, LLC (“The Company”) furnishes website resources to you subject to the following terms of use. Please read them before using the site for any purpose. As a Designer, you will also be required to abide by the Designer Agreement and the Standards of Excellence and subject to all of its terms. All users, registered or not, should view the Standards of Excellence, to become familiar with the governing boundaries of this SITE
PRIVACY
Please Review the Wicked Peacock Privacy Policy which governs your use of this site: HERE.
INFORMATION ABOUT WICKED PEACOCK.COM, LLC
The website is owned and managed by Wicked Peacock.com, an LLC registered in Massachusetts.
Wicked Peacock provides you with ability to view and purchase products from the Designers using Wickedpeacock.com.
You understand and agree that products are not supplied by Wicked Peacock.
Wicked Peacock may, at its election, suspend or remove the website for any reason.
Wicked Peacock reserves the right to make any changes to the Website including any functionalities and content, and may discontinue products at any time.
To contact Wicked Peacock, write to: contact(at)wickedpeacock(dot)com.
Wicked Peacock, LLC
The Prudential Center
P.O. Box 990672
Boston MA 02199
You agree that all notices you receive from us, or correspondence you have with us electronically satisfies any legal requirement that such communication be written.
AGREEMENTS
In order to use the Site, you agree that you are solely responsible and liable for your activities on the Site, whether you are a Registered User or Unregistered, and acknowledge the following:
You are at least 18 years old and above and you are not in any way prohibited to enter into these Terms and;
You will not use your Login Information with the intent of impersonating another person and;
will not allow any other person to use your Login Details and;
will not use the information presented on the Site for any purposes other than those expressly set out in these Terms;
will not do anything likely to impair, damage or cause harm or distress to any persons using the Site or in respect of the network;
will not use the Site, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
will not use any information obtained using the Site other than in accordance with these Terms;
will not use the Site in any way that may be deemed to be offensive, illegal, or inappropriate and;
will use the information made available to you on the Website at your own risk and;
the information provided by you is accurate and correct.
Registered User
In order to make purchases you will become a Registered User with Wicked Peacock by completing the online registration form.
You are responsible for maintaining the confidentiality and security of your account and password and other Login information.
You agree that you will promptly notify Wicked Peacock if there is a breach in security of your account or if there has been any unauthorized use of your Login Information.
Wicked Peacock reserves the right to deny or terminate your account at any time and for any reason.
In the event you choose not to register as a Registered User, you may continue to browse, however, you will not be able purchase the Products, or have access to all available functionalities on the Website.
Upon registering, Wicked Peacock will send you a confirmation email to the email address provided in the online registration form. Wicked Peacock may also provide you with details of your login and password ('Login Details'). You shall keep the Login Details confidential and secure.
Wicked Peacock reserves the right to promptly disable your Login Details and suspend your access to the Website or your ability to browse the Website and/or use any of the features and functionalities of the Website if Wicked Peacock has any reason to believe that you have breached any of the provisions set out herein.
TERM AND TERMINATION
In the event that Wicked Peacock considers that you have breached any of the terms set forth, Wicked Peacock reserves the right to take any action that it deems necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you are a Registered or Unregistered User); and in the case of illegal use, the instigation of legal proceedings as appropriate.
Wicked Peacock may suspend or terminate your access, as a Registered User or an Unregistered User to the features and functionalities of the Website in the event that:
Wicked Peacock believes that you or someone using your Login Details has failed to comply with one or more of these Terms;
Wicked Peacock believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Site (in whole or in part);
Wicked Peacock believes that you have provided it with any false, inaccurate or misleading information; or
Wicked Peacock believes that you are in the business of re-selling, promoting the Products or any aspect of the Website for resale or if you are otherwise engaged in all other similar activities.
Upon termination of your Contract with Wicked Peacock, your access to the features and functionalities of the Website (in whole or in part) shall cease.
PRODUCT DESCRIPTIONS
Wicked Peacock endeavors to be as accurate as possible. That said, Wicked Peacock relies upon its Designers when making its descriptions, and therefore does not warrant that product descriptions and other content of this site is accurate, complete, wholly reliable, or otherwise free of errors.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
All information made available to or accessible by you whether as a Registered User or Unregistered User using the Website or in respect of the Product including editorial materials provided by Wicked Peacock or any third party are provided 'As Is' without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
You acknowledge that Wicked Peacock shall have no control over the quality, condition or legality of the Products offered including without limitation any of the information provided by the Sellers in respect of the transaction for the sale and purchase of the Product. Accordingly, Wicked Peacock shall not be liable for any inaccuracies in respect of the information relating to a Product.
Nothing in these Terms shall limit or exclude Wicked Peacock's liability in respect of any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Wicked Peacock.
Wicked Peacock shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Site and the contents therein.
Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Wicked Peacock and Wicked Peacock accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
Unless otherwise expressly set out to the contrary in these Terms, Wicked Peacock's liability to you in connection with your use of the Website and the contents therein shall be strictly limited to $100.
In the event you have a dispute with one or more of the Sellers, you hereby release Wicked Peacock from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
SHIPPING & RETURNS
The policies that govern all shipping and returns at Wicked Peacock are found in our STANDARDS OF EXCELLENCE. Please read them carefully before making purchases or signing up as a designer.
DISPUTES
ANY DISPUTE OF CLAIM ARRISING FROM OR RELATING TO THE USE OF THIS SITE WILL BE RESOLVED VIA BINDING ARBITRATION, RATHER THAN A COURT OF LAW, aside from cases in which your claims may be asserted in small claims court.
The Federal Arbitration Act and related laws apply to this agreement.
Applicable Law
By visiting or using Wicked Peacock you agree to be bound by the Federal Arbitration Act, related federal laws, and the laws of the state of Massachusetts, the laws of which will govern these Terms of Use and any dispute that may arise between you and Wicked Peacock.
INTELLECTUAL PROPERTY RIGHTS
Wicked Peacock and its licensors own all rights in the intellectual property rights relating to the Site. All content included on this site such as graphics, logos, text, images and other content is the property of Wicked Peacock or its content providers and is protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of Wicked Peacock and protected by United States and international copyright laws. All software used on this site is the property of Wicked Peacock and is protected by United States and international copyright laws.
You are expressly prohibited from: reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the SITE including without limitation, any images in any format of the Products in the form of articles and write-ups made available on the Website without written consent from Wicked Peacock and;
removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Wicked Peacock and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Wicked Peacock or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Wicked Peacock.
Shipping Policy Outlined: HERE
Products available on the Site are shipped directly to the Buyer from the Seller. Wicked Peacock is not involved with the shipment of goods purchased on our website. Each seller may have his or her timeframe for delivery, clearly visible in the product description. We do however encourage and remind sellers to ship items within 2-3 business days.
RETURN AND REFUNDS POLICY Outlined: HERE
GENERAL
These Terms represent the entire agreement between you and Wicked Peacock in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Wicked Peacock reserves the right to update or alter these terms at any time.
CONTACT DETAILS:
For any questions regarding this Site, these terms or general inquiries, please contact:
contact(at)wickedpeacock(dot)com.
Wicked Peacock, LLC
The Prudential Center
P.O. Box 990672
Boston MA 02199
Wicked Peacock requires its designers to promise (Designer Agreement: Here) that the products it provides through this SITE are of their own making and conception. Wicked Peacock wants to know, immediately, if you believe your work has been copied or otherwise used in a way that violates copyright laws. Please forward any such complaints to: contact(at)wickedpeacock(dot)com.
