Terms and Conditions
Original Approach Entertainment, LLC
Terms & Conditions Of Use
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Thank you for visiting the Website (the "Site") owned by Original Approach Entertainment, LLC. The Site is designed by us, Original Approach Entertainment, LLC, ("We" and "Us") a New York Limited Liability Company situated in and created under the laws of the state of New York, in order to provide an easy-to-use, private and highly informative shopping experience for purchasers to utilize 24 hours a day, 7 days a week. We want each visitor to the Site ("You") (i.e., any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a beneficial visit, so We have created the following Terms and Conditions of Use so that You know what to expect.
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These Terms and Conditions of Use (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements and/or finalized purchases conducted between You and Us through the Site. If You do not agree to these Terms and Conditions Of Use, You cannot use this Site and/or purchase any products or services through this Site. We may make periodic changes to the Site, these Terms and Conditions of Use, and/or the policies and conditions that govern the use of the Site at any time. You are encouraged to review the Site and the Terms and Conditions Of Use intermittently for any updates or modifications. Your continued access and/or use of the Site shall be deemed to be Your acceptance of these changes to the Terms and Conditions of Use.
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YOUR OBLIGATIONS
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In consideration of Your use of the Site, You agree to: (a) provide only true, accurate, current and complete information about Yourself as required for the checkout form for Your Purchaser information (the "Purchaser Information"), and (b) to maintain and promptly revise the Purchaser Information to ensure it is true, accurate, current, and complete. If You provide any information that is false, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We may terminate and reimburse Your order and refuse any and all current and future use of the Site. Purchaser Information and certain other information about You are subject to our Privacy Policy.
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YOUR CONDUCT
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Any conduct by You that, in our sole discretion, prevents or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site unless You first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by Us for use in accessing the Site.
By completing the online order form on the Site, You agree to accept shipment for the selected product, and You agree to pay by the method indicated on Your order form. By completing the online order form, You agree and accept that You are the person responsible for the credit card (when a credit card is applicable) and accept responsibility for all charges made on our Site with Your card. We reserve the right, at our discretion, to charge Your credit card if We have shipped You an order, and the invoice is not paid within a reasonable amount of time.
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RETURNS POLICY
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All orders must be returned within five (5) days of delivery of purchase by You. You may return any unopened products that are in the original condition purchased from Us for a store credit or refund. We are currently unable to accept returns of opened items not in original condition, or items returned more than 5 days after the date of purchase. Please call our customer service (917-576-4489) or email our customer service (jackiecoh@gmail.com) to begin the return process.
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SHIPPING AND PAYMENT
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For orders less than $49.00, shipping to U.S. addresses is $6.95 USD for First Class Mail (Standard Shipping); $9.95 USD for U.S.P.S. Priority Delivery (3-5 business days after processing*); $19.95 USD for U.S.P.S. Overnight Express Delivery (2-3 business days after processing*).
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*These shipping times only apply after verification of Your purchase and are approximate.
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For International (Canada only) orders, We offer $49.95 USD for Priority Delivery.
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NOTE: The title and risk and rewards of ownership of the product transfers from Original Approach Entertainment, LLC to You at the point of shipment.
We accept the following forms of payment: Visa, Mastercard, and American Express. Payments can be made online or by phone.
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TRADEMARKS & INTELLECTUAL PROPERTY
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The “Original Approach Entertainment” and “JACQINE” trademark and other graphics, logos, and service names used on the Site by Us are the trademarks of Original Approach Entertainment, LLC. All other logos, images, descriptions, and marks on this site are the property of their respective owners, including Original Approach Entertainment, LLC and its partners. None of the trademarks on the Site may be used in connection with any third-party products or services or in any manner that disparages or discredits any of the trademarks.
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You may also not infringe on any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by Us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use or alter in any way, any of the trademarks owned by Us or our licensors. All content, designs, text, graphics, software compilations, underlying source code, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of Us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use while utilizing the Site to make a purchase. Any other use of the Site including the unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the content of the Site without prior written consent from Us is strictly prohibited. You may also not create and/or publish Your own database that features substantial parts of the Site without Our prior written prior approval.
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The Site and its content, including editorial, graphics, banners, placement and design, is copyright (C) 2019 Original Approach Entertainment, LLC and its respective partners unless otherwise specified. All rights reserved.
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EXPORT
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The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
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OUR RIGHTS
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We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or, (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, in our sole discretion, We may investigate the allegation and determine whether to remove or request the removal of such content from the Site.
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We may terminate Your access, or suspend Your access to all or part of the Site, without notice in our sole discretion, for any conduct that We believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or Us.
TERMINATION
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These terms are effective until terminated by either party. If You no longer agree to be bound by the Terms and Conditions of Use, You must cease Your use of the Site. Subject to applicable law, We reserve the right to suspend or reject, in our sole discretion, Your access to any or all portions of the Site, without notice. You agree that any termination of Your access to the Site may be effected without prior notice, and You acknowledge and agree that We may immediately deactivate, suspend or terminate Your account and all related information and files in Your account and prevent any additional access to such files or the Site. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Site.
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APPLICABLE LAW
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Original Approach Entertainment, LLC makes no representation of any kind that the content in the Site is appropriate or available for use where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content (a "Claim") shall be governed by the federal and state laws of New York applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the County of Kings in the State Of New York and You irrevocably agree that any and all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and will be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
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SECURITY POLICY
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At Original Approach Entertainment, LLC, We take the security of Your confidential information very seriously. Our e-commerce system uses the latest SSL (Secure Sockets Layer) technology, which is the industry standard for encryption technology. If Your browser and local network support the use of encrypted data transmissions, our Secure Checkout mode locks all information (i.e., Your credit card number) passed from You to Us in an encrypted and protected file, making it extremely difficult to be intercepted by any unauthorized party. This SSL technology is compatible with various internet browsers, including Chrome, Edge, Firefox, Safari, and most other browsers. This ensures that Your credit card information remains totally secure.
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At Original Approach Entertainment, LLC, We attempt to follow the generally accepted industry standards to protect Your personally identifiable information submitted to Us, both during transmission and once We receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While We strive to use commercially acceptable means to protect Your personal information, We cannot guarantee its absolute security.
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ELECTRONIC COMMUNICATIONS
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When You visit the Site or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications We provide to You electronically satisfy any legal requirement that such communications be in writing.
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DISCLAIMER OF WARRANTY
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EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, WE DO NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
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YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
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UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
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YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
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GENERAL INFORMATION
These Terms and Conditions of Use constitute the entire agreement between Us (You and Us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree to service of process in any such action by U.S. First Class Mail.
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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.
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