Terms & Conditions

TERMS OF SERVICE

Overview

This website is operated by Evening Collective. Throughout the site, the terms “we”, “us”, “our” and “Evening Collective” refer to Evening Collective and its website, www.eveningcollective.com (“Website”). We offer this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including our Privacy Policy and other guidelines and rules and those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service and guidelines and rules. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Privacy Policy

At Evening Collective, we respect our customers and we understand that you may have concerns about privacy. Please read our Privacy Policy that explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Evening Collective can use such data in accordance with our Privacy Policy.

Your Account; Age Requirements

By agreeing to these Terms of Service, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this Website. If you are under the age of 18, you may access and use this Website only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older.

To use some of the services or features made available to you on this Website, you will need to register for an account. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. Evening Collective and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

EVENING COLLECTIVE DOES NOT SELL PRODUCTS FOR PURCHASE BY CHILDREN.

We do not direct our Website to, nor do we knowingly collect any personal information from, children under the age of eighteen.

Ownership

All copyright, designs, the “look and feel” of the Website, trademarks, the content and all other intellectual property and material rights relating to the content included on this Website, such as text, graphics, logos, button icons, characters, artwork, images, audio clips, digital downloads, data compilations, software, and other content of the Website (collectively, the “Site Content”) and all HTML, CGA, and other code and scripts in any format on the Website or used to implement the Website (collectively, the “Code”) is either the property of Evening Collective or used by Evening Collective under license or the property of its content or software suppliers, and is protected by United States and international copyright laws and other intellectual property laws. The selection, arrangement, and compilation of all content, facts, data, and information on the Website is the exclusive property of Evening Collective and protected by U.S. and international laws. Using Evening Collective’s Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use Site Content or Code unless you obtain express written permission from us or are otherwise permitted by law. These Terms of Service do not grant you the right to use any trademarks, branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.

License And Access

Subject to your compliance with these Terms of Service, Evening Collective grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

The Website is available only for your personal use, which is limited to viewing the Website, providing information to the Website, downloading product information or other materials made available for download for your personal use, the purchase of products, and accessing any other features or functions made available to you on the Website. You may not use the Site Content or Code from the Website for any purpose other than those described in these Terms of Service. You may not use the Marks in a manner that causes confusion as to the source of the Services.

No Service, Site Content or Code, nor any part thereof, may be reproduced, duplicated, copied, distributed, sold, resold, visited, uploaded, transmitted, displayed for redistribution to third parties, republished to third parties, or otherwise exploited, for any commercial purpose without express written and signed consent of Evening Collective. You agree that this license does not include any of the following: resale or commercial use of any Service, the Website or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading or copying of account information for the benefit of another merchant; any downloading (other than page caching) or modifications of any portion of the Service; or any use of data mining, robots, or similar data gathering and extraction tools; any attempt to access the Services using a method other than the interface and instructions that we provide. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Evening Collective without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. All rights not expressly granted to you in these Terms of Service are reserved and retained by Evening Collective. The licenses granted by Evening Collective automatically terminate if you do not comply with these Terms of Service.

Nothing in this Agreement confers to you or any third-party, by implication, estoppel or otherwise, any proprietary or industrial right belonging to Evening Collective. Your failure to comply with these Terms of Service will constitute breach of contract and will violate our copyright, trademark and other commercial, proprietary and industrial property rights.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us. In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (including but not limited to removing, obscuring, or altering any proprietary rights which may be affixed to or contained within the Website; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect, harvest or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses without notice.

Limited License for Hyperlinks to Website

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to www.eveningcollective.com so long as the link does not portray (in Evening Collective’s sole determination) Evening Collective, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Evening Collective’s logos or other proprietary graphics or trademarks as part of the link without express written and signed permission.

Design Content

In using this Website, you agree not to submit, design, upload, generate or create any products with language, words, text, phrases, or slogans, including but not limited to text, data, photos, graphics, or any of these elements (the "Design Content") that are “Objectionable”. For purposes of these Terms of Services, Objectionable includes, but is not limited to, anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially or ethnically objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.

Use Of Comments Submitted By You

We welcome your Comments about our Website and Services. If you submit to us any information, including but not limited to comments, reviews, feedback, data, questions, suggestions, ideas, concepts, know-how, techniques, photographs, testimonials, and other communications regarding our products or services (collectively, “Comments”), such information shall not be deemed confidential, but it will be subject to our Privacy Policy. If you submit Comments to us, you agree to these Terms of Service and you agree that we may edit or alter your submission. You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, invasive of privacy, infringing of intellectual property rights, obscene or pornographic material, any software viruses, or any material that would violate any law or injure any third party.

We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.

Promises About Printed Matter, Comments, And Design Content.

You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment, Design Content, Printed Matter, or other submission. Evening Collective reserves the right (but not the obligation) to remove or edit any such submission, but does not regularly review posted content. By making this purchase, you affirm that you are not relying on the printed matter appearing on the merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. You confirm that you are purchasing these products because of the decorative, artistic design element. You acknowledge and agree that we may preserve Comments, Design Content and printed matter (collectively “Material”) and may publicly disclose the Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Material violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Evening Collective, its users or the public. You understand that the technical processing and operation of the Website, including any Material, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

Content From And Links To Other Sites and Option Tools

Our Services may display or link to some content that is not from Evening Collective. This content is the sole responsibility of the entity that makes it available. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non- Evening Collective sites to which you may be directed or hyperlinked from this Website. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not assume any obligation to review content.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Product Information

The purchase of Products through this Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York and who meet the requirements set forth herein. Products displayed on this Website can be ordered and delivered only in the U.S. All prices on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.

Evening Collective attempts to be as accurate as possible. However, Evening Collective does not warrant that product descriptions or other content of this Website or any Evening Collective Service is accurate, complete, reliable, current, or error-free. If a product offered by Evening Collective itself is not as described, your sole remedy is to return it in unused condition. In particular, although we have made every effort to display the dynamic products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Website, including product descriptions, at any time without notice. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

Pricing

The prices displayed are quoted in U.S. dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include and handling, except as otherwise noted or third party license fees.

Despite our best efforts, a small number of the items on our Website may be mispriced. If we discover a mispricing, we will do one of the following:

(i) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
(ii) If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Ordering Disclaimer

All orders are subject to acceptance and availability and items in your shopping cart are not reserved and may be purchased by other customers. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Evening Collective reserves the right to accept or deny shipment to anyone for any reason. Evening Collective reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Evening Collective reserves the right to cancel the order and notify the cardholder or the authorities.

Shipping And Delivery

EVENING COLLECTIVE SHIPS ORDERS WITHIN THE 50 UNITED STATES VIA DHL, USPS, UPS AND FEDEX.
ORDERS SHIPPED USUALLY ARRIVE WITHIN THREE (3) TO TEN (10) BUSINESS DAYS AFTER THE PACKAGE IS PICKED UP BY THE SHIPMENT PROVIDER. CUSTOM OR MADE-TO-ORDER PRODUCTS WILL SHIP WITHIN THE ABOVE SHIPMENT WINDOW AFTER THE MERCHANDISE HAS BEEN MANUFACTURED AND DELIVERED TO THE SHIPPING WAREHOUSE. DUE TO THE HOLIDAY SEASON, ANY ORDERS PLACED AFTER DECEMBER 24TH WILL TAKE 7-10 WEEKS TO BE DELIVERED. IF YOU HAVE ANY QUESTIONS PLEASE CONTACT THE CUSTOMER SERVICE TEAM. ACCURATE SHIPPING ADDRESS AND PHONE NUMBER ARE REQUIRED. YOUR SIGNATURE MAY BE REQUIRED FOR DELIVERY. BECAUSE MANY EVENTS MAY OCCUR AT YOUR DELIVERY ADDRESS THAT ARE BEYOND OUR CONTROL, YOU AGREE THAT ANY DELIVERY CONFIRMATION PROVIDED BY THE CARRIER IS SUFFICIENT PROOF OF DELIVERY TO THE CARDHOLDER, EVEN WITHOUT A SIGNATURE.

Return Policy

Our policy for sample rentals lasts 20 days. If more than 20 days have gone by since your purchase, we reserve the right to charge a disciplinary fee that is twice the value of the custom dress list price. This fee can be charged if you do not return the sample or if there is damage to the sample beyond normal wear and tear expectations. Custom dresses and swatches are not eligible for returns or refunds. If you are having an issue with your dress, please reach out to [email protected] and we will work with you to ensure customer satisfaction.

If the product is to be returned, you should mail your product to: Boxzooka Fulfillment & Global Ecommerce, 530 Secaucus Road, Secaucus, NJ 07094. You will be responsible for paying for your own shipping costs for returning your item.

Shipping costs are non-refundable. You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. Depending on where you live, the time it may take for return processing may vary.

Once your return is received and inspected, we will send you an e-mail to notify you that we have received your returned item.

If you’ve followed the above procedure and you have not received a notification email, please contact us at [email protected]

Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We authorize and capture funds at time of order placement for custom, made-to-order dresses. We authorize the order total at time of order placement for sample and swatch products. We capture funds when samples and swatches are shipped.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Disclaimer Of Warranties

THIS WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY EVENING COLLECTIVE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENING COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, EVENING COLLECTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ALL PRODUCTS AND SERVICES. EVENING COLLECTIVE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO CASE SHALL EVENING COLLECTIVE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, EVENING COLLECTIVE OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF EVENING COLLECTIVE’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EVENING COLLECTIVE FOR ANY CLAIM UNDER THESE TERMS OF SERVICE OR FOR ANY WAIVEABLE WARRANTY IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR PRODUCTS.

Export Control

Evening Collective operates the Website from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Website is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Website, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.

Historical Information

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

You agree to fully indemnify, defend and hold harmless Evening Collective’s agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or by any other persons accessing this Website using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive this Terms of Service and your use of the Website and the Services.

Notice for California Residents

Pursuant to CA Civil Code 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs (https://www.dca.ca.gov) by telephone at (800) 952-5210. It can also be reached by mail at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. Digital Millennium Copyright Act Claims Evening Collective respects the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Notice And Procedure For Making Claims Of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Evening Collective the written information specified below. Please note that this procedure is exclusively for notifying Evening Collective that your copyrighted material has been infringed:

(i) An electronic or physical signature of the owner or 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 upon;
(iii) A description of where the material that you claim is infringing is located on our Website;
(iv) Your name, address, telephone number, and e-mail address;
(v) A 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;
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe, in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://copyright.gov. Evening Collective’s Copyright Agent for notices and counter-notices of claims of copyright infringement on its Website can be reached at [email protected]

Disability

We are committed to making our website accessible and user friendly to everyone. This is site is ADA compliant and meets the current WCAG 2.0 Standards. In connection with periodic content and/or maintenance updates to this site, we make reasonable efforts to maintain WCAG 2.0 Standards. If you are having difficulty viewing or navigating this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please send an email to [email protected] Please include “Website Accessibility” in the subject line, and provide the web page URL, a detailed description of the issue you are encountering, and assistive technology and/or browser and versions you are using.

Applicable Law, Venue, Jurisdiction And Independent Contractors

You agree that the applicable U.S. federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute, action, claim or cause of action arising between You and Evening Collection relating to this Agreement, the Website, the Services, Comments, Code, Printed Matter, Design Content, or Site Content. For such claims, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York, U.S.A., and you promise not to commence any litigation relating to such claims except in the courts in New York City, New York, and you agree not to plead or claim in any court of the State of New York that such litigation brought there is in an inconvenient forum.

You and Evening Collection are independent contractors, and the Terms of Service, including but not limited to submission or distribution of any Content you created, will not in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and Evening Collection. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Service. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms of Service.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Changes To Terms Of Service You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at [email protected]

The Terms of Services was last updated on August 2019