Terms & Conditions
TERMS OF USE AGREEMENT
ACCEPTANCE OF THE TERMS AND CONDITIONS
Welcome to SarahMusa.com. This site is hosted by Sarah Musa, LLC. By using the site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using this site, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the site. In addition, when you use any current or future version of the web site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the sarahmusa.com site following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
PRIVACY POLICY
Please review our Privacy Policy far below, which also governs your use of the SarahMusa.com web site, to understand our privacy practices. By using the SarahMusa.com web site you consent to terms of our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.
DISCLAIMER LIABILITY
Sarah Musa has taken reasonable efforts to ensure that the information contained in this web site is accurate; however, all information is provided "as is" without any express or implied warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SARAH MUSA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL SARAH MUSA BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Terms of Use" page, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this "Terms of Use" page.
If a Sarah Musa product or service is listed at an incorrect price due to typographical error or error in pricing information, Sarah Musa shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Sarah Musa will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sarah Musa will issue a credit to your credit card account in the amount of the incorrect price.
COPYRIGHT NOTICE
Copyright notice for all pages on this web site and all fashion designs displayed on this website: © 2019 Sarah Musa. All Rights Reserved. Any reproduction of these pages, graphics, audio and video clips, and fashion designs shown on the site for commercial purposes or for distribution to other persons is a violation of United States Copyright law and similar international laws and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Sarah Musa’s copyrighted works without first obtaining our written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above. Any other use of any content included on the web site, including linking or framing to this web site, is strictly prohibited unless you first obtain our prior written consent.
TRADEMARK NOTICE
All product names, trademarks, trade dress, service marks or other images in this web site are either the property of, or used with permission by, Sarah Musa and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited.
USER SUBMISSIONS
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this site ("Communications") will be considered non-confidential and non-proprietary. Sarah Musa will have no obligations with respect to the Communications. Sarah Musa and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, and other things embodied therein for any and all commercial or noncommercial purposes.
ELECTRONIC COMMUNICATIONS
You may opt out of receiving promotional emails from Sarah Musa by clicking "unsubscribe from this list" at the bottom of the email. If you opt out, we may still send you non-promotional emails, such as emails about your purchases, account, or our ongoing business relations.
LINKS
Sarah Musa’s website contains links to third party websites. Sarah Musa does not control the content of these websites. Unless specifically stated on this web site to the contrary, Sarah Musa is not affiliated with these third parties and does not endorse or sponsor their websites, products or services.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Sarah Musa, LLC., its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of this website and any denial of access to the site; (b) any user content that you post, upload, use, distribute, store or otherwise transmit on or through the site; (c) any submissions you provide to us; (d) your violation of these Terms of Use; (e) your violation of any rights of another; or (f) your conduct in connection with the website. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SARAH MUSA, LLC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM SARAH MUSA, LLC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SARAH MUSA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SARAH MUSA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SARAH MUSA FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
GOVERNING LAW
Use of this web site and this Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of, or relates to any use of the site will be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
PRIVACY POLICY
SECURITY & PRIVACY
Privacy matters. Sarah Musa, LLC., and its subsidiaries and affiliates (collectively, “Sarah Musa,” “we,” or “us”) recognize the importance of our customers’ privacy, and the steps to take in order to protect that privacy. This privacy statement discloses the privacy practices for SarahMusa.com. The statement does not include the privacy practices for partnered sites. We encourage our users who visit external sites from links within SarahMusa.com to read the privacy statements of those sites, as their privacy practices may differ from ours. This privacy statement applies only to the site and does not necessarily apply to our off-line collection of information. If you have questions or concerns regarding this statement, you should first contact us via e-mail at info@sarahmusa.com.
In order to make you feel comfortable and secure in our online store, we have taken numerous precautions to guard your security while making purchases online.
WHAT INFORMATION IS BEING COLLECTED?
For each visitor to our Web site, our Web server automatically recognizes the consumer's Internet Protocol (IP) address and domain name. When you visit the SarahMusa.com web site, in order for us to provide you with the products or services that you have requested, you may be asked to provide us with personally identifiable information. We collect and retain two types of information from site visitors: (i) personal information voluntarily provided by individual visitors when interacting on the site, making purchases of products or services from us, or on certain other occasions, such as via forms or in emails; and (ii) tracking data, which is automatically collected from every site visitor and recorded on our log files. For example, when you order a product, during the checkout process you will be asked for your name, shipping and billing addresses, your e-mail address, your phone number and your credit card number or other payment-related information. In addition, we may keep a record of any correspondence, including any information contained therein. You may decline to provide any personal information, but this may prohibit registration on the site or limit participation in activities or services offered on the Site. In an effort to improve our site we may collect non-personal information about how users navigate through the site with the use of cookies or web beacons. Without limitation, we may collect information and tracking data regarding the number and frequency of visits to the site, viewed and/or purchased items, information on websites accessed prior to and following your visit to the site, the software used to access the site, your IP address and other device identifiers, Internet service provider-related information, and clickstream data. However, that information typically does not contain any personally identifiable information about you. The tracking data we record may include the location of your computer. We may combine all information obtained and may disclose this information within our company and share it as disclosed in this Privacy Policy. We may post customer testimonials on our web site, which may contain personally identifiable information such as the customer's name. We do obtain the customer's consent prior to posting the testimonial to post their name along with their testimonial. When you order a gift certificate you are given the opportunity to include the name and a message for the party receiving the gift certificate. This information is only captured as part of this specific order process and is not shared.
COOKIES
We automatically collect data using cookies. A "cookie" is a small data file that our site transfers to your computer. We deliver these cookies and collect data on our sites, and we also may use a third party agent to deliver cookies and collect data. Cookies allow our website to recognize a specific browser and/or device being used to browse the site. We use the data we collect using cookies to help support the integrity of the registration and buying processes on our site, retain your preferences and account settings, learn about your possible interests so we can personalize our marketing and information to better support your interests, and improve our sites and your experience. When you view a video on our site that uses Adobe Flash Player, a third party (Adobe Systems Inc.) may set a "flash cookie" on your computer.
WEB BEACONS
We also collect information using web beacons (also known as pixel tags). Web beacons are electronic images that may be used on our site or in our emails. We use web beacons to deliver cookies, count visits, track conversions, understand usage and campaign effectiveness, and to tell if an email has been opened or acted upon. Web beacons also help us analyze our customers' online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect, and analyze this information. We allow third party advertisers to place web beacons (pixel tags) on our site, which can enable Sarah Musa advertising on your browser/devices and can deliver to you across the Internet. We use a Facebook pixel on our site. You can learn more about Facebook's cookie policies by visiting https://www.facebook.com/policies/cookies. By using our website, you consent to the use of cookies and web beacons (pixel tags). Most browsers accept cookies by default, but you can adjust your device and/or browser settings to delete and/or block some or all cookies.
HOW IS YOUR INFORMATION BEING USED?
Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. If you subscribe to our mailing list, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of other events and issues we think are important, and of potential employment opportunities with Sarah Musa that you may find of interest. By visiting our site and/or signing up for our mailing list, you consent to allowing us to show you Sarah Musa advertisements offered through third parties such as Facebook and AdRoll. If you currently receive our emails and do not wish to continue receiving them, click the unsubscribe button at the bottom of the email or contact us at info@sarahmusa.com. We use your shipping address to ship your products. We use your billing address, if different than your shipping address, to verify your billing information and to prevent fraudulent transactions. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “With whom do we share your information” section below.
WITH WHOM DO WE SHARE YOUR INFORMATION?
In order to operate this Web site and in order to provide you with the products and services you have requested, we occasionally need to share information with third parties. We may transmit your personal information to service providers who assist us in processing orders, shipping products to you, processing your payment information, conducting surveys, on and offline sweepstakes, processing job applications and sending you e-mails and newsletters. We have agreements with these service providers that they will protect your privacy in accordance with our standard Privacy Statement. Some of those organizations may have their own Privacy Statements that may give you additional protections, so you are encouraged to read those statements when presented to you. We may share personal information about you outside of Sarah Musa and our affiliates, including as follows:
- We may share personal information with third parties who complete transactions or perform services on our behalf.
- We may use third-party service providers that use cookies, web beacons and pixel tags to publish advertisements (banners or links) on our behalf across the Internet.
- We may use a third party to "power" product reviews on our site. When you submit a product review, you become subject to the terms of use and privacy policy of this third party, the reviews you submit may be publicly posted on our site, and other sites (such as social networking sites).
- The blog, social networking and community sections of our site are designed as an open and public social community for connecting and sharing with other people. When you sign up you will be asked to provide certain information that will be displayed publicly along with photos, stories, posts, and other information you choose to provide in your profile.
- We may also post or publish your information when you submit comments, stories, photos, and videos in connection with other areas of our sites and linked sites.
- Personal information may be shared as part of a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, financing or sale of company assets. It may also be shared in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of the business assets in the transaction.
- We may share personal information (i) to comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Sarah Musa, our agents, members, and others, including to enforce our agreements, policies, and terms of use, or (iii) in an emergency to protect the personal safety of Sarah Musa, our employees, our members, our customers, or any other person.
HOW DO I ACCESS, UPDATE, OR DELETE MY INFORMATION?
If you are a registered user of the web site, you can manage many aspects of your registration information. For security reasons, however, some parts of your personal information may not be changed online and may require you to call or write to us in order to verify your identity before such changes can be made. The online registration area will also permit you to exercise control over the use of your e-mail address, allowing you to opt-out of future e-mail messages from this web site. Unfortunately, due to various legal and recordkeeping requirements, we may be required to maintain records about your purchases or other activities on this website. However, you will always be permitted to opt-out of any marketing uses of information stored about you. If you prefer to manage your personal information via other means, you may contact us by email at: info@sarahmusa.com.
WHAT INFORMATION WILL BE DISCLOSED IF REQUIRED BY LAW?
If required by law, we may provide any and all information we have about you to law enforcement or other government agencies, pursuant to a subpoena, warrant, or other order by a court of competent jurisdiction. In all cases, we will require written documentation of the request, proof of the identity of the law enforcement official making the request, and we will take steps to authenticate the validity of the request. Any law enforcement or government agency request submitted with less than a court-issued order will be evaluated on a case-by-case basis according to the need and urgency, as well as the particular law enforcement agency making the request.
WHAT INFORMATION IS COLLECTED IN SARAH MUSA’S SOCIAL NETWORKING SITES?
On certain portions of our web site, we provide links to sponsored social networking sites and message boards. Those features may require you to provide additional registration information, such as creating a username and password, providing an e-mail address or other information. It is important to understand that when you participate in online discussions, any information you choose to provide is considered "public knowledge" and it is your responsibility to protect your own privacy. If you register to use the social networking or message board features, we will keep your information private, in accordance with this policy. You have the choice of making certain information about yourself available to other users of the system. It is your responsibility to manage your account settings in order to maintain the level of privacy that you desire. If you inadvertently post private or other inappropriate information, we will do our best to assist you in removing it, but we will not be responsible for any problems arising from your errors. The social networking forums and message boards are provided without any warranty and you use them at your own risk.
WHAT CHOICES ARE AVAILABLE TO YOU REGARDING THE COLLECTION, USE AND DISTRIBUTION OF THE INFORMATION?
If you do not want to receive e-mail from us in the future, please click "unsubscribe from this list" at the bottom of the email. If you provide us with your e-mail address, you may receive messages about your order status, issues regarding the operations of this web site, and messages from affiliates of Sarah Musa and other companies with operational relationships to Sarah Musa. You may modify your e-mail preferences by writing or e-mailing us, if you are a registered member at SarahMusa.com, you may change them in the "My Account" section. We will request your telephone number or fax number, and if you provide it, you may receive telephone or fax contact from us with information regarding your orders, requests for information or in reference to valuable offers from us. We do not sell or rent phone numbers.
SECURE ORDERING PROCESS
Any credit card information you enter on our site is strongly encrypted by industry-standard protocol, SSL (Secure Sockets Layer). SarahMusa.com site uses SSL to communicate with secure browsers like Google and Internet Explorer. These browsers encrypt your credit card and personal information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server.
CHILDREN
In accordance with federal law, we do not knowingly collect personally identifiable information from children under age 13 without the verifiable permission of a parent or guardian. If you are under age 13, you are welcome to browse our web site. However you are not permitted to use any of the features of our site that require the collection of any personally identifiable information. If we determine that we have erroneously collected a child's information, we will immediately undertake to delete that data from our records.
CHANGES IN THIS PRIVACY STATEMENT
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.