Terms & Conditions

Last updated: May 29, 20224

Welcome to wearpageant.com (the “Site”).  Wear Pageant, LLC d.b.a. Wear Pageant and/or its affiliates (the “Company”) provides the Site as a service to our customers.   By using the Site, you accept and agree to be legally bound by and comply with the terms and conditions set forth below, including but not limited to our Privacy Policy (including our use of cookies) and the Arbitration Agreement (collectively, the “Terms”).

If you do not agree to any provision of the Terms, please do not access this Site. The Company reserves the right to modify and revise these Terms at any time by updating this posting. You are bound by any and all such modifications, and therefore it is your responsibility to review the then current Terms page periodically. Your continued use of the Site after the effective date of the changes to the Terms constitutes your agreement and acceptance to such changes.

Privacy

Please review our Privacy Policy, which also governs your use of this Site and your submission of personal information to us through the Site.  The Privacy Policy explains how we collect and use and disclose personal information when you make a purchase or otherwise interact with this Site.  You have the right at any time to request that we delete your personal information.  The terms of the Privacy Policy are incorporated herein.

Proprietary Rights

Unless otherwise noted, the Site, and all content, information, data, text, illustrations, photographs, images, graphics, artwork, video and audio provided on the Site (collectively the “Content”) are owned or licensed by the Company and protected by U.S. and certain international copyright, trademark, patent, trade secret and other laws.  Wear Pageant and other trademarks appearing on the Site are trademarks of Wear Pageant, LLC, d.b.a. Wear Pageant. 

The content on the Site, and the Site as a whole, are intended solely for personal non-commercial use by users of the Site. You may download or copy various materials from the Site for your personal use only.  No rights in any downloaded or copied content are transferred or granted to you as a result of any such downloading or copying.  You may not distribute, modify, transmit, or use in any manner any of the content of this Site for public or commercial use. Use of any content for any purpose not expressly permitted in these Terms is prohibited. You may not reproduce (except as provided above), publish, transmit, distribute, display, frame, modify, create derivative works from, data mine, sell or exploit in any way this Site or any of its contents. 

Third Party Sites

As a convenience to users of the Site, the Site may contain links to other web sites that are not under the control of the Company.  The Company is not responsible or liable for any external sites linked to the Site, nor is the Company liable or responsible for those sites’ contents. Linking to any external pages is at your own risk. The Company recommends that you check the terms and conditions and privacy policy of any external site, whether or not linked to our Site, before using the site or providing any personal information.

Orders

We reserve the right to correct any errors or omissions on the Site, at any time, without notice, including after an order has been placed, and to cancel or reject any order.  We may, in our sole discretion, limit or cancel quantities ordered per person, per household or otherwise.  These restrictions may include multiple orders placed using the same customer account, credit card, billing address or shipping address, or that appear to be placed by a reseller or distributor.  In the event we cancel or reject an order placed by you, we will attempt to notify you at the email address or other contact information provided by you at the time you placed the order.

Account Information

You are responsible for maintaining the confidentiality of your account, including your password, and for restricting access to your computer or other device.  This responsibility includes any orders and communications placed or made under or through your account.     

Postings and Submissions by Users

We may, in our discretion, allow you to post reviews, comments, photos, videos and other content and/or submit ideas, suggestions or questions (each of the foregoing, “User Comments”) to us.  If you do make any such posts or submissions, you grant the Company a license and permission to use, modify, copy, distribute, translate, reformat, create derivative works from, transmit, publicly display or perform, reproduce, and edit your User Comments.  This license is non-exclusive, fully-paid, royalty-free, worldwide, irrevocable and perpetual, and may be sublicensed to the extent deemed necessary by us (such as in connection with content delivery networks that serve the Site). This means that you will not be paid or compensated for our use of your User Comments in any manner.

You represent and warrant that: (i) you have the right to grant the above-described license and to use and control the User Comments posted or submitted, and (ii) the posting or submission of your User Comments on our Site does not violate the privacy rights, publicity rights, intellectual property rights, trade secret rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Comments you post or submit to us. See “Copyright Policy” below.

Your User Comments will not be treated as confidential.  Accordingly, you should not post to the Site any comments, ideas, information or anything else to the Site that you wish to keep confidential.  

The Company discourages users from sending us creative ideas, suggestions, designs or other materials, as we wish to avoid any misunderstandings about the authorship of or rights in a particular design or product developed or sold by the Company.  In the event you do submit or post any such items to us, whether online or through other means, such items shall be deemed to be User Comments to which we shall have a license and shall have the right to use as provided above, including but not limited to in connection with the development, manufacture, sale and marketing of products, without any attribution to you.  You acknowledge that the Company will not pay or otherwise compensate you for any use by the Company of such items.

You may not send any material that violates any rights of any third party, or is profane, pornographic, obscene, scandalous, unlawful, harmful, perverse or constitutes or promotes illegal activities. By way of illustration (but not by way of limitation) the following are some specific examples of activity that is illegal or otherwise prohibited on the Site:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses, malware or other harmful files, copyright infringement, patent infringement, theft of trade secrets or any other action that, at the time when taken, is illegal;
• advertising to, or solicitation of, any other user to buy or sell any products or services. You may not transmit any chain letters or junk email through the Site or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to anything to another user without such user’s explicit prior written consent;
• covering or obscuring the banner advertisements on your personal profile page, or any other page of the Site via HTML/CSS or any other means;
• any automated use of the system, such as using scripts to add contacts or send comments or messages or using bots to place orders;
• interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
• attempting to impersonate another user or other person;
• using the account, username or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
• using any information obtained from the Site in order to harass, abuse, or harm another person;
• displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site, whether on your own behalf or on behalf of a third person, including but not limited to the posting of commercial content on your profile, the posting of blogs or bulletins with a commercial purpose, and sending private messages with a commercial purpose;
• political campaigning;
• using the Site in a manner inconsistent with any and all applicable laws and regulations; or
• providing a false email address, pretending to be someone other than yourself or otherwise misleading us as to your identity or the origin of any User Comments.

The Company may at any time refuse to post or delete or edit any User Comments that you post or submit to the Site. The Company may also delete any registration at any time for any reason, without notice or liability.

The Company has the right but does not assume the duty to monitor, edit or remove any User Comments, except only as provided below with respect to DMCA matters.

Copyright Policy

The Company respects the intellectual property of others.  You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Company has a policy of terminating the privileges and right to use the Site of any user who the Company believes, in its sole and absolute discretion, is repeatedly infringing the intellectual property rights of others. 

In addition, the Company’s policy is to terminate the privileges and rights to use the Site of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance, upon receipt of proper notification to the Company by the copyright owner or the copyright owner's legal agent.  The Company is not obligated to monitor postings to determine copyright ownership, but we may so monitor if we choose at any time and from time to time.

If you believe that your work has been copied and posted or otherwise used on the Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Company’s DMCA agent for notice of claims of copyright infringement can be reached at the following address:

Wear Pageant LLC, DBA Wear Pageant

543 California Ave

Reno, NV 89509

Attn: California Privacy Rights

(775) 338 - 4308

howdy@wearpageant.com

Products

While the products displayed on this Site may be available at authorized select retailers in the United States and abroad, the Company cannot guarantee that all products appearing on this Site will be available at every authorized retailer or in the colors or sizes you wish to purchase or at the same prices as shown on the Site.  Availability and selection, including products offered for sale via the Site, are subject to supply. All product descriptions, specifications, colors and prices are subject to change by the Company at any time, without notice.  We have the right to add or remove products at any time, without notice.  Please note that the particular technical specifications and settings of your computer and monitor or other device could affect the accuracy of its display of the colors and styles of products offered herein.

Notice to California Residents

Pursuant to California Civil Code section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Site Maintenance and Changes

We reserve the right to correct any errors or omissions  and to change and update the Site at any time, without notice.  We may at any time, without notice, modify, suspend, remove or discontinue the Site or any service, content or other features of the Site, including User Comments. 

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” FOR YOUR USE.  THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THIS SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND