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Terms and Conditions

Symphony Commerce, Inc. (“Symphony”) operates this Website, www.missme.com (the “Website”), pursuant to agreements with Sweet People Apparel, Inc. (“Miss Me”). Symphony and Miss Me are hereinafter sometimes referred to as “we” or “us”.

PLEASE READ ALL OF THE TERMS AND CONDITIONS CAREFULLY AND COMPLETELY BEFORE USING OUR WEBSITE, MISSME.COM. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

EXCEPT AS OTHERWISE PROVIDED, THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF OUR WEBSITE AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).

We have a Privacy Policy which applies to the use of our Website. The privacy policy and its terms are made part of these Terms and Conditions by this reference. You may use our Website only as permitted by these Terms and Conditions and only in a manner consistent with applicable laws. You may use the Website for your personal and non-commercial use. You may use the Website for the purposes of viewing or shopping for Miss Me products. Among other things, you agree not to:

i. gain or attempt to gain unauthorized access to any portion or feature of any Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, “password mining” or using any other illegitimate method of accessing data;

ii. damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Website;

iii. use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of any Website or its contents, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website.

Intellectual Property

The Website, its content, features and functionality, including text, graphics, images, photographs, video clips, sounds, artwork, music, computer code, information and other materials, are the property of or used with permission by Miss Me and are protected by copyright, trademark and other laws and may not be used except as expressly permitted in these Terms and Conditions or with the prior written consent of the owner of such material. The Website and its contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded or copied content is transferred to you as a result of any such downloading or copying. Except as expressly set forth in these Terms and Conditions, you may not reproduce, publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use the Website or any of its content for any public or commercial use.

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Miss Me and its affiliates. Other trademarks, trade names, service marks and logos used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained in on this Website grants or should be construed as granting, by implication, estoppels or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on the Website.

The content on the Website is provided on an “AS IS” basis and you agree that the use of and reliance on any content is at your own risk. We make no representations as to the completeness or accuracy or timeliness of the information on the Website. We reserve the right in our sole discretion to make changes, delete, update, modify or otherwise alter the Website or its contents at any time without providing notice to you.

User Communications and User Content

While we appreciate your suggestions and comments on how to improve our Website, products and services, it is Miss Me’s policy not to accept any creative ideas, suggestions, proposals, plans or materials (collectively, a “Suggestion”) other than those specifically requested by us. We are attempting to avoid any misunderstanding which may arise in the event that a product or service we provide bears some resemblance to a creative Suggestion made by a customer or visitor to our Website. Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication that you transmit or post in any manner to our Website (“User Communication”) is and will be considered non-confidential and non-proprietary other than Personally Identifiable Information, which is subject to our Privacy Policy.

You agree that we may use any User Communication for any purpose in our sole discretion, including, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Miss Me shall be under no obligation to (1) to maintain any User Communication in confidence, (2) to pay compensation for any User Communication or (3) to use, return, review or respond to any User Communication. We may, but are under no obligation to, monitor or review any User Communication. We will have no liability related to the content of any User Communication, whether arising under the laws of copyright, libel, privacy, obscenity, trademark or otherwise. We may remove any User Communication for any reason, including any materials we deem inappropriate or unacceptable.

You represent and warrant that any content you submit in User Communication is original to you, that you own all applicable legal rights in such content, and that such content does not and will not infringe upon the rights of any third party. You represent and warrant and certify that any individual depicted in any audio or visual files submitted as part of a User Communication are of the age of majority in their respective state of residence. If any individual depicted in User Communication are minors in their respective state of residence, you represent, warrant and certify that you are the parent or legal guardian of each such individual and you grant the use of the media containing such individual’s depiction in accordance with these Terms and Conditions.

You grant and you represent and warrant that you have the right to grant, to Miss Me and its affiliates, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, edit, change, revise, prepare derivative works of, or incorporate with other works any User Communication, for any purpose without restriction and without providing any attribution or compensation. You also grant Miss Me and its affiliates the right to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of such User Communication by any party for any purpose.

Inappropriate Material

You agree that you will not post or transmit to other users anything that you know or should reasonably know (1) is defamatory, libelous, obscene, pornographic, profane or offensive, (2) is threatening, harassing or promotes or encourages violence against a person or damage or destruction of property, (3) violates any law, statute, ordinance or regulation, (4) infringes or violates another party’s intellectual property rights, including any party’s right of publicity or right of privacy, (5) is inaccurate, false or misleading, (6) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation, (7) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or equipment; or (8) would be considered a criminal offense or give rise to a civil liability. You are solely responsible for any User Communication you post or transmit to other users. You will not hold us responsible or liable for any User Communication from another user that you access on the Website. You understand that when using the Website, you may be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Communication.

We reserve the right to delete any User Communication from the Website. We will fully cooperate with all law enforcement authorities or any court order or subpoena requesting/directing us to disclose the identity of anybody posting inappropriate materials.

If you become aware of the posting or transmitting of inappropriate materials or other unacceptable behavior by any user, you should report such activity to us by emailing: help@missme.com.

Linking to missme.com

Creating or maintaining any link from another website to any page on missme.com without our prior written permission is strictly prohibited. Running or displaying missme.com or any material displayed on missme.com in any manner, shape or form on another website without our prior written permission is also strictly prohibited. Any permitted links to the Website must comply with all applicable laws, rules and regulations.

Third Party Links

The Website may from time to time contain links to other websites that are not owned, operated or controlled by us or our business partners. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website. We are not responsible for any content, material or information located on or accessible from or via any other website and are not responsible regarding any consequences that result.

Passwords, Accounts and Security

Certain features or services offered on or through the Website may require you to open an account (including setting up an Account ID and password) and to share Personally Identifiable Information. Apart from what is set forth in our Privacy Policy, you are solely responsible for maintaining the confidentiality of your account information and password and for restricting access to such information. You agree to accept sole responsibility for all activities that occur under your account or password.

You may not use anyone else’s Account ID, password or account without the express permission and consent of the holder of that Account ID, password or account.

Products and Sales

We attempt to ensure that information on our Website is as accurate as possible in describing our products. However, information may be inaccurate, incomplete or outdated. We do not warrant that the product descriptions or other content of the Website is accurate, complete, reliable, current or error-free. We reserve the right to make changes in information, including about price and availability, without notice at any time. Measurements, weights and similar descriptions are approximate and are provided for convenience only. We make great effort to display as accurately as possible the colors of our products that appear on the Website. However, the actual color you will see on your computer screen will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.

Shipping

Please visit our FAQ for a complete outlay of our shipping policies and terms.

Change in Website and Content

We reserve the right, at any time, in our sole discretion to modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice, including charging, modifying or waiving any fees.

Disclaimers; Limitation on Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH OR MADE AVAILABLE ON THE WEBSITE. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING OR DOWNLOADING MATERIALS FROM THE WEBSITE OR ANY THIRD PARTY WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS DUE TO NORMAL WEAR, ABUSE, PRODUCT MISUSE OR MODIFICATION, OR IMPROPER PRODUCT SELECTION. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING OR TRANSMISSION OF THE WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULT OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME STATES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DAMAGES. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (i) amount paid by you for your use of the Website during the prior twelve (12) months or (ii) $50.

Indemnification

You agree to defend, indemnify and hold harmless Miss Me, its officers, directors, employees, shareholders, business partners and agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from (i) any breach by you of these Terms and Conditions, (ii) your User Communications, (iii) your use of materials or features available on the Website (except to the extent such claim is based on infringement of a third party’s rights by materials created by Miss Me) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

General Legal Provisions

Any dispute arising out of, or relating to, the use of the Website will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts in the County of Los Angeles, California, USA, for all disputes arising out of or relating to the use of the

Website.

A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by a court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms and Conditions.

Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms and Conditions by us, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies are cumulative and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Any claim arising out of or relating to the Terms and Conditions must be brought within one year after the cause of action arises, or such claim or causes of action is barred. The prevailing party in any action shall be entitled to recover its reasonable attorneys’ fees and costs.

In the event of any controversy or dispute between you and Miss Me arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such controversy or dispute within thirty (30) days then either party may submit such controversy or dispute to mediation. If the controversy or dispute cannot be resolved in mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of the State of California.

Additional Assistance

If you have any questions or concerns about the Terms and Conditions, please send an email inquiry to help@missme.com or call us toll free at +1-888-780-3029.