Terms of Use for TommyDClothing

Welcome to TommyDClothing (“we,” “us,” or “our”), the online destination for unique small decorations. These Terms of Use (“Terms”) govern your access to and use of our website (www.tommydclothing.com) (the “Website”) and any related services, content, or features made available by us (collectively, the “Services”). By accessing or using the Website or Services, you (“you” or “your”) agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase (where applicable). If you do not agree to these Terms, please do not use the Website or Services.

1. Eligibility to Use the Services

To use the Website and Services, you must:

  • Be at least 13 years of age (or the applicable age of majority in your jurisdiction; if you are under the age of majority, you must have the consent of a parent or legal guardian to use the Services, and such parent or guardian agrees to be bound by these Terms on your behalf).
  • Have the legal capacity to enter into a binding contract (or have a parent/guardian with such capacity who consents to your use).
  • Provide accurate, complete, and up-to-date information when required (e.g., for account creation or order placement).
  • Comply with all applicable laws, regulations, and these Terms.

2. Account Creation and Management

2.1 Account Registration

You may choose to create a user account (“Account”) to access additional features of the Website (e.g., saving shipping addresses, tracking orders, viewing order history). When creating an Account, you must provide a valid email address and create a secure password. You are responsible for:

  • Maintaining the confidentiality of your Account credentials (username, password, email address).
  • All activities that occur under your Account, whether initiated by you or a third party (if you fail to secure your credentials).
  • Promptly notifying us at [email protected] if you suspect unauthorized access to your Account or a breach of security.

2.2 Account Termination

We reserve the right to suspend or terminate your Account at any time, with or without notice, if we believe you have violated these Terms (e.g., fraudulent activity, misuse of the Website) or for any other legitimate business reason. You may also delete your Account at any time by contacting our customer service team. Upon termination, your access to Account-specific features will cease, but we may retain certain information as required by law (see our Privacy Policy for details).

3. Permitted Use of the Website and Services

You may use the Website and Services solely for personal, non-commercial purposes (unless you have obtained our prior written consent for commercial use), including:

  • Browsing product listings, reading product descriptions, and learning about our small decorations.
  • Creating an Account (if eligible) to track orders, save preferences, or make purchases (subject to our Terms of Purchase).
  • Contacting our customer service team with questions, feedback, or support requests.

When using the Website and Services, you agree to:

  • Not use the Website for any illegal, fraudulent, or harmful purpose (e.g., transmitting malware, engaging in phishing, or violating third-party rights).
  • Not interfere with or disrupt the Website’s functionality, servers, or networks (e.g., through hacking, DDoS attacks, or automated scraping tools).
  • Not attempt to access restricted areas of the Website (e.g., admin portals) without authorization.
  • Not modify, copy, distribute, reproduce, republish, upload, post, transmit, or sell any content from the Website (e.g., product photos, descriptions, logos) without our prior written permission (see Section 4 on Intellectual Property).
  • Not use the Website to spam, harass, or impersonate another person or entity.

4. Intellectual Property Rights

All content on the Website—including but not limited to product photos, descriptions, logos, brand names (“TommyDClothing”), graphics, text, software, and design elements (collectively, “Intellectual Property”)—is owned by us or our licensors and is protected by copyright, trademark, and other applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Intellectual Property solely for your personal, non-commercial use of the Website and Services. No other rights are granted to you: you may not modify, adapt, reverse engineer, or create derivative works from the Intellectual Property, nor may you use it for any purpose not expressly permitted by these Terms.

If you believe any content on the Website infringes your intellectual property rights, please contact us at [email protected] with details of the alleged infringement (e.g., your name, contact information, description of the infringing content, and proof of ownership).

5. Content Provided by You

When using the Website (e.g., leaving reviews, sending feedback, or contacting customer service), you may submit content (“User Content”). By submitting User Content, you:

  • Represent and warrant that you own all rights to the User Content (or have obtained permission from the rightful owner) and that the User Content does not infringe any third-party rights (e.g., copyright, privacy, or publicity rights).
  • Grant us a non-exclusive, worldwide, royalty-free, perpetual, and sublicensable license to use, reproduce, modify, distribute, display, and publish the User Content for purposes related to the Website and Services (e.g., featuring product reviews on the Website, using feedback to improve our products).
  • Agree that we may moderate, edit, or remove User Content at any time, with or without notice, if we believe it violates these Terms (e.g., offensive, misleading, or infringing content).

6. Disclaimers of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT (e.g., we do not warrant that the Website will be error-free, uninterrupted, or compatible with all devices, or that our products will meet your specific needs).
  • WARRANTIES RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF CONTENT ON THE WEBSITE (e.g., product descriptions, availability, or pricing may be updated without notice, and we are not liable for any errors or omissions).

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR PRODUCTS OR SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM.

This limitation of liability applies regardless of the legal theory (e.g., contract, tort, negligence) under which the claim is brought. Some jurisdictions do not allow the limitation of certain types of damages, so the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, licensors, service providers, and our respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Website or Services (including any violation of these Terms).
  • Your User Content (including any claim that it infringes third-party rights).
  • Your breach of any representations or warranties in these Terms.
  • Any act or omission by you that causes harm to a third party.

9. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business practices, laws, or regulations. When we make changes, we will revise the “Last Updated” date at the top of this document and post the updated Terms on the Website. We encourage you to review these Terms periodically to stay informed of any changes.

Your continued use of the Website or Services after the updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, please stop using the Website and Services immediately.

10. Miscellaneous

10.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

10.2 Entire Agreement

These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and us regarding your use of the Website and Services, and supersede all prior or contemporaneous agreements, understandings, or communications (whether oral or written).

10.3 Assignment

You may not assign or transfer these Terms (or any rights or obligations under them) without our prior written consent. We may assign these Terms to any third party at our discretion.

10.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision in the future.

10.5 Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Email: [email protected]

Website: www.tommydclothing.com

Last Updated: 2025.09.18