LEGAL DISCLAIMER

Legal Disclaimer for Burnout Vintage

 

1. Vintage Items
Burnout Vintage specializes in vintage, second-hand and pre-owned items. Our goal is to curate and style these pieces to create a distinctive fashion experience and collection. All items are sold as-is which is reflected in each item’s condition. The Buyer acknowledges that these items being sold are not new and have been previously owned, used, and may contain original designs, logos, prints, or copyrighted material belonging to third-party creators, artists, or companies. Please note that custom-made and boutique items are sourced from third parties and are not covered by this disclaimer.

2. Copyright and Trademark Materials
Burnout is not affiliated with or endorsed by any of the copyright owners or creators of the designs, logos, or materials that may be found on the clothing items. We do not claim any rights, title, or interest in any copyrighted material, logos, designs, or creative elements that may appear on the second-hand clothing items, which are the exclusive property of their respective copyright holders. Burnout’s use or resale of the clothing is strictly for the purpose of offering second-hand goods to customers and does not imply any license or authorization to reproduce, distribute, or otherwise use the copyrighted material for any purpose other than the resale of the used item itself. All trademarks, logos, and brand names displayed on the clothing are the property of their respective owners. The use of these trademarks and logos is solely for identification purposes and does not imply any sponsorship or affiliation. Our third party suppliers are responsible for their own respective licensing, copyrights and trademarks, and Burnout assumes no responsibility for any potential violations.

3. Resale of Copyrighted Items
The Buyer acknowledges that the items purchased may contain copyrighted designs, logos, or material and understands the following: The resale of the second-hand items is protected under the *First Sale Doctrine* in the United States and under similar doctrines in many other jurisdictions. This doctrine allows the owner of a lawfully made copy of a copyrighted work to resell or otherwise dispose of that specific copy without infringing on the copyright holder’s rights. Burnout is only reselling used, lawfully acquired goods and is not creating, manufacturing, or distributing reproductions of copyrighted materials.

4. Limitation of Liability
Burnout shall not be held liable for any direct, indirect, incidental, or consequential damages arising from the sale of second-hand items that contain copyrighted material, provided that the use of such material is incidental and in compliance with the First Sale Doctrine or other applicable copyright laws. Burnout shall not be responsible for any legal action taken by copyright owners against the Buyer or other third parties for uses of the purchased items that are outside the scope of personal use or resale.

5. No Infringement Guarantee
Burnout does not warrant or guarantee that the resale of any items containing copyrighted material will be free from claims of copyright infringement if the Buyer or third parties use the items in a manner inconsistent with applicable copyright laws. The Buyer agrees that they will not modify, reproduce, or create derivative works from any of the copyrighted material on the items for commercial use, distribution, or other purposes that may infringe on the copyright holder’s rights.

6. Indemnification
The Buyer agrees to indemnify and hold harmless the Seller, its officers, employees, and agents from any claims, damages, or legal actions arising out of the Buyer’s use or resale of the purchased vintage clothing items containing copyrighted material, including but not limited to any unauthorized reproduction, distribution, or other activities that may infringe on a copyright holder’s rights.

7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions. Any legal action arising from this Agreement shall be brought exclusively in the courts of the state of California.

8. Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Agreement, which shall continue in full force and effect.

9. Entire Agreement
This Agreement represents the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and discussions, whether written or oral.

5. Changes and Updates
This disclaimer may be revised periodically. We encourage you to review it regularly to stay informed of any modifications.

6. Social Media
All images shared on our social media platforms, including Meta, Facebook, Instagram, and any others depict vintage, antique, and satirical items and comply with the terms and conditions of those platforms.

For any questions, please reach out to us directly via our website at burnoutvintage.com