Terms & Conditions

Last updated: February 2023

Introduction

Welcome to the Ignite Evenings® website and online store!

Ignite Evenings® is an online retailer selling beautiful dresses, gowns, jumpsuits and more for women. We offer stunning styles in standard and plus sizes, as well as petite options.

These Terms & Conditions (“Terms”) govern your use of our website located at ignite-evenings.com (the “Site”) and all related web pages, blogs, communities, applications, widgets and other interactive features related to or provided by Ignite Evenings® (collectively with the Site, the “Service”), regardless of how you access or use it, whether via personal computers, mobile devices or otherwise.

Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Service.

Key Terms

The following capitalized terms have specific meanings as described below:

• “Ignite Evenings®”, “we”, “us” and “our” refer to the owner of this website and online Store.
• “You” and “your” refer to the user or viewer of our Website or customer in our Store.
• “Service” refers collectively to the Website, Store, Content and Services provided by Ignite Evenings®.
• “Website” refers to the Ignite Evenings® website located at ignite-evenings.com and all of its related web pages and sub-domains.
• “Store” refers specifically to the Ignite Evenings® online store where products can be purchased.
• “Content” refers to all content appearing on the Website, including but not limited to product descriptions, blogs, articles, photographs, images, illustrations and other materials.
• “Services” refers to services provided through the Website such as style consultations, personal shopping and customer service.

Use of the Service

a. Eligibility: The Service is intended solely for users who are eighteen (18) years of age or older. Any access to or use of the Service by anyone under 18 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 18 or older.

b. License: Subject to your compliance with these Terms, Ignite Evenings® grants you a limited, revocable, non-exclusive, non-transferable license to use the Service solely for your own personal use.

c. Restrictions: You agree that you will not:

• Copy, modify, distribute, sell, or lease any part of the Service;
• Use the Service for any commercial purpose or for the benefit of any third party;
• Use any data mining, robots, or similar data gathering and extraction methods;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive source code from the Service;
• Access the Service in order to build a similar or competitive website, application, or service;
• Remove any copyright, trademark or other proprietary rights notices contained in the Service;
• Use any meta tags or any other “hidden text” utilizing a Ignite Evenings® name, trademark, or product name;
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service;
• Use any automated processes to access, browse or use the Service, such as bots, spiders or scripts;
• Post, upload or transmit any content that is illegal, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Upload or transmit any malicious code, exploits, viruses, worms, spyware, adware or any other harmful or deleterious programs;
• Bully, intimidate, or harass any other users;
• Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission;
• Dispute or file complaints regarding our intellectual property rights and claim of ownership over the Service; or
• Advocate, encourage or assist any third party in doing any of the foregoing.

Ignite Evenings® reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

d. Availability: While we try to ensure that the Service is available and up-to-date at all times, we cannot guarantee continuous or uninterrupted access or availability. The Service may be suspended for maintenance, updates and repairs, and we accept no liability for any lack of availability due to inevitable downtime.

e. Third-Party Content: The Service may contain links to third-party websites, apps and services. Any such third-party content is provided solely as a convenience to you. Ignite Evenings® does not endorse, warrant, or guarantee the products, services, information, or recommendations provided by any third party. Access or use of any third-party content or website is solely at your own risk.

Intellectual Property Rights

a. Ignite Evenings® IP: The Service and all of its content, including but not limited to text, images, photographs, videos, graphics, logos, tools, applications, designs, software and other materials, are owned by or licensed to Ignite Evenings® and are protected by copyright, trademarks, patents, trade secrets and other proprietary rights and laws. You acknowledge and agree that the Service and any underlying technology or software used in connection with the Service contain Ignite Evenings®’s proprietary information.

b. Limited License: Subject to your strict compliance with these Terms, Ignite Evenings® grants you a limited, revocable, non-transferrable license to access and use the Service for your own personal use only. You agree not to use the Service or Ignite Evenings® content for any commercial purposes without our prior written consent. You understand that you have no ownership rights in or to the Service, and that all rights not expressly granted are reserved by Ignite Evenings®.

c. Trademarks: The Ignite Evenings® name, logo, and all product names, company names, trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Ignite Evenings®. Third-party trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of their respective owners. Nothing in the Service should be construed as granting any license or right to use any Ignite Evenings® or third-party trademarks.

d. User Content: By posting, uploading, inputting, providing or submitting any content to the Service, such as comments, posts, creative suggestions, ideas, notes, concepts, feedback or other information (“User Content”), you automatically grant Ignite Evenings® an irrevocable, non-exclusive, royalty-free worldwide license to use your User Content and associated intellectual property and publicity rights in any manner and without compensation, restriction or attribution.

Purchases and Payment

a. Product Prices: The prices of products are clearly displayed on our Website. Product prices may change from time to time, but changes will not affect any order for which we have sent you a Shipment Confirmation (which is when your credit card was charged and your order processed).

b. Taxes: All purchases on the Website are subject to applicable taxes, which will be added to the total amount due and listed separately on your billing statement. You are solely responsible for payment of any applicable taxes relating to your purchases.

c. Promo Codes: From time to time, we may offer promotions or sales that provide percentage-off or dollar-off discounts. These promotional offers are only valid for eligible, qualifying purchases using the promotional code provided. Promo codes are void where prohibited and have no cash value. Ignite Evenings® reserves the right to modify or cancel promotions at any time.

d. Gift Cards: Gift cards will not be activated until payment has been successfully processed. Gift Cards purchased online will be shipped after payment confirmation and typically arrive within 2-3 business days. Lost, stolen or damaged gift cards will not be replaced or refunded.

e. Payment Methods: We accept most major credit and debit cards, including Visa, Mastercard, American Express and Discover. You represent and warrant that any payment information you provide is accurate, belongs to you, and that you will notify us of any changes.

f. Recurring Payments: For some subscription-based products or services, we may require a recurring (e.g., monthly or annual) payment which will be clearly disclosed prior to purchase. Recurring payments are automatically processed using the payment method you have on file until cancellation. By authorizing a recurring payment, you authorize Ignite Evenings® to periodically charge you without further authorization.

g. Automatic Renewal: If your purchase or subscription includes an automatic renewal option, the renewal term and price will be clearly disclosed. By enrolling in an automatic renewal plan, you authorize recurring charges to be made to your payment method on file, until cancellation. Ignite Evenings® will notify you before any automatic renewal to give you an opportunity to cancel. You must cancel prior to the renewal date to avoid charges.

h. No Refunds: There are no refunds or exchanges allowed. Please choose your selections carefully as all sales are final. If your product arrives damaged or defective, please contact us so we can file a claim with the carrier.

i. Shipping and Delivery: Shipping and delivery timelines displayed at checkout and on our website are estimates only based on average delivery times. We are not responsible for any shipping carrier delays due to external factors such as weather, traffic, etc.

j. Title and Risk of Loss: Title to products passes to you when shipped by us. Risk of loss or damage passes to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Content You Submit

a. User Content: By posting, uploading, inputting, providing or submitting any content to the Service, such as comments, posts, creative suggestions, ideas, notes, concepts, feedback or other information (“User Content”), you automatically grant Ignite Evenings® an irrevocable, non-exclusive, royalty-free worldwide license to use your User Content and associated intellectual property and publicity rights in any manner and without compensation, restriction or attribution.

b. Harmful Content Prohibited: You agree not to post or submit any User Content that is illegal, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable. You may not post or submit harmful, malicious code or malware. You may not bully, intimidate, or harass any other users.

c. Retention: Ignite Evenings® will retain User Content only for as long as reasonably necessary for internal business purposes and legal compliance. We may monitor, review, retain and disclose any User Content or information associated with your account if required to satisfy any applicable law, regulation, audit, inquiry, legal process or other governmental request.

d. Responsibility for Content: You alone are responsible for the User Content or information you submit or post to the Service. Ignite Evenings® is not responsible or liable for any User Content submitted by you or any third party.

Account Registration

a. Requirement: Certain features and areas of the Service require you to register and create an Ignite Evenings® user account, including purchasing products, submitting content, participating in forums or loyalty programs, etc. Your account gives you access to the services and functionality we provide for account holders only.

b. Eligibility: To register an account, you must be at least 18 years old and provide complete and accurate registration information. Accounts registered by businesses, brands, retailers, or on behalf of others are prohibited.

c. Account Security: You are responsible for safeguarding your account password and complying with our security requirements. You must immediately notify Ignite Evenings® of any unauthorized use or breach of your account. Ignite Evenings® will not be liable for any loss or damage arising from unauthorized account use.

d. Account Termination: Ignite Evenings® reserves the right to suspend or terminate your account if you are found to be in violation of these Terms, or for any other reason in our sole discretion. You may delete your account by emailing us at [email protected].

e. Data Retention: Upon account termination or deactivation, Ignite Evenings® may retain your information and content for a commercially reasonable time based on backup, archival and legal considerations. If you have any questions regarding data deletion, please contact us at [email protected].

Disclaimer of Warranty

Your use of this Service is entirely at your own risk. The Service is provided “AS IS” without any warranties of any kind. To the fullest extent permitted by law, Ignite Evenings® expressly disclaims all warranties of any kind with respect to the Service, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We make no warranties or representations about the accuracy or completeness of this Service’s content and assume no liability or responsibility for any errors or omissions therein.

Without limiting the foregoing, we explicitly disclaim any warranties or representations that:

• The Service will meet your requirements or expectations.
• The Service will be uninterrupted, timely, secure or error-free.
• Information provided through the Service is accurate, reliable or correct.
• Any material downloaded or obtained through the Service is free of viruses or other harmful components.
• There are no harmful components or security vulnerabilities in the Service.

Your sole remedy for dissatisfaction with the Service is to stop using the Service.

Limitation of Liability

In no event shall Ignite Evenings® or our shareholders, members, officers, directors, employees, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or for any other claim related in any way to your use of the Service, including any errors or omissions in any content therein.

Under no circumstances will the aggregate liability of Ignite Evenings® or our shareholders, members, officers, directors, employees, agents, contractors, interns, suppliers, service providers or licensors for any damages exceed $100 USD.

Indemnification

You agree to defend, indemnify and hold harmless Ignite Evenings® and our shareholders, members, officers, directors, employees, agents, contractors, interns, suppliers, service providers and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service and Site, including any of your User Content, your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

Changes to the Terms

Ignite Evenings® reserves the right to modify or revise these Terms from time to time in our sole discretion. If we make changes, we will notify you by revising the date at the top of this page. We encourage you to review these Terms whenever you access or use the Service to stay informed about our information practices and your rights. Your continued use of the Service constitutes acceptance of such changes. If you do not agree to the amended terms, you must discontinue your use of the Service.

Governing Law

These Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.

Arbitration Agreement

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. If not settled by mediation within 60 days from the date of submission, or such further period as the parties shall agree in writing, the dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Contact Us

If you have any questions regarding our Terms, please contact us via email at [email protected].