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TERMS AND CONDITIONS
Welcome to PlushSwimwear.com!

Please read these terms and conditions carefully before using this website. These terms and conditions apply to all visitors to or users of the PlushSwimwear.com website, the home page of which is at www.PlushSwimwear.com (this "website"). Your use of this website confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, you may not access or otherwise use PlushSwimwear.com. Prior to using PlushSwimwear.com, please also review the Privacy Policy on this website.

REVISIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Your continued use of this web site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

TRADEMARKS, COPYRIGHTS AND USE RESTRICTIONS

The Plush and PlushSwimwear.com, and associated designs, text, graphics and code are the intellectual property of Plush Fashions, LLC. You agree that you will not challenge the respective ownership rights of Plush Fashions, LLC. or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of Plush Fashions', LLC. Marks or Third Party Marks.

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, 'Content') are owned by Plush Fashions, LLC. or its licensors. You are expressly prohibited from using any Content without the express written consent of Plush Fashions, LLC. or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Plush Fashions, LLC., and/or the appropriate licensor. Permission is hereby granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Plush Fashions', LLC. express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. You will not interfere or attempt to interfere with the operation of PlushSwimwear.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.

COPYRIGHT NOTICE

The design of this website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this web site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components as well as the contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this website and the website as a compilation are the property of Plush Fashions, LLC. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this web site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this web site. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, Plush Fashions, LLC. reserves the right to seek all remedies available by law and in equity. Plush Fashions, LLC. reserves the right to block or deny access to the website to anyone at any time for any reason.

Plush Fashions, LLC. ("we") and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Plush Fashions, LLC. and its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the PlushSwimwear.com website. Your misuse of the trademarks displayed on the PlushSwimwear.com website is strictly prohibited. You are also advised that Plush Fashions, LLC. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Special Notice
Plush Fashions, LLC. and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in meta tags and/or hidden text. Specifically, the use of our trademarks or names in meta tag keywords is trademark infringement, and the use of trademarks or names in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any PlushSwimwear.com web page is prohibited absent express written permission from Plush Fashions, LLC. Framing, inline linking or other association of the PlushSwimwear.com web site or its or its suppliers software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the PlushSwimwear.com website is expressly prohibited.

Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act, you may report to our Contact Us page if you believe your work has been used by Plush in a way that constitutes copyright infringement.

LINKING TO THIS WEBSITE

Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.

MEMBERSHIP TERMS

If you decide to become a PlushSwimwear.com member, you agree to (1) provide accurate, current and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete, and (3) comply with these Terms. You may review, correct, change or update your membership information by visiting the Your Account section of PlushSwimwear.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership. You agree not to transfer or resell your use of or access to PlushSwimwear.com or permit anyone else whose account or membership was suspended or terminated to use PlushSwimwear.com through your account, member name or password. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information, and immediately notify us by emailing. You are solely responsible for maintaining the confidentiality of your member name and password for any and all activities, including purchases, that are conducted through your account.

USER COMMUNICATIONS

Other than personally identifiable information, which is subject to this web site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. If you are accessing and using this website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person's wrongful use of the website.

VISITORS FROM OUTSIDE THE U.S.

Those who choose to access PlushSwimwear.com from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

PLUSH COMMUNICATIONS TO YOU

You agree that Plush may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Plush's products or services, or for such other purpose(s) as Plush deems appropriate.

CONTENTS/PROMOTIONS

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

PRODUCT INFORMATION

The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. The prices displayed at the Site are quoted in U.S. Dollars.

COLORS

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

SHIPPING LIMITATIONS

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this web site are made pursuant to a shipment contract. As a result, it may be necessary for you to file claims with carriers for damaged and/or lost shipments.

INACCURACY DISCLAIMER

We attempt to ensure that information on this web site is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this web site. For example, products included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

THIRD PARTY LINKS

Links may be established from this web site to one or more external web sites or resources operated by third parties. None of these links should be deemed to imply that Plush Fashions, LLC. endorses the Third Party Sites or any content therein. Plush Fashions, LLC. does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Plush Fashions, LLC. will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

TERMINATION

You understand and agree that Plush Fashions, LLC. may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that Plush Fashions, LLC. may take any one or more of these actions without prior notice to you. You understand and agree that Plush Fashions, LLC. shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the website at any time without notice.

INDEMNIFICATION

You agree to defend, indemnify and hold Plush Fashions, LLC. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Broward County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use are effective as of June 29, 2009.
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