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Effective March 10, 2014

Welcome to www.thedragonandtherabbit.com (the “Website”), owned and operated by Prayan, LLC (“Prayan”, “we” or “us”). Prayan specializes in providing children’s clothing and accessories for boys and girls ages 2-6. By using the Website you agree to be bound by these Terms of Use. We may modify these Terms of Use from time to time and such modification shall be effective upon being posted to the Website, and your continued use of the Website signals your agreement to be bound by any changes.

  • Term: These Terms of Use shall remain in full force and effect for the entire time you use the Website.

  • Use of Website: This Website is intended for people at least 18 years of age, and if you are under 18 years old then you represent and warrant that you have permission from your parent or guardian to use the Website. In no event is this Website intended for any users under 13 years old, and Prayan reserves the right to terminate your account or cancel any orders placed if we discover that you are less than 13 years old and/or acting without permission of a parent or guardian (if under 18). If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website.

  • Sales Outside the United States: We do not accept, nor do we ship, orders from or to customers who are not located within the United States of America or its territories.

  • Accounts: It is free to create an account and register with the Website by providing us with your name and email address. If you place an order through the Website, then you will also need to give us your shipping/billing address(es), credit card information and phone number. You do not have to create an account simply to browse the public areas of the Website.

  • Appearance of Products: Prayan reserves the right to change the products that we offer at any time, at our sole discretion. While we make every effort to show the exact appearance of the products available on our Website, the actual color and texture that you see may vary from the actual product depending on your browser. Any listed weights and/or measurements are the closest approximations that we can provide.

  • Shipping: Most orders are shipped 1-3 days after they are placed, and we send your products using either UPS or the United States Postal Service. Either way, you will get a tracking number so you can be updated on the progress of your order. If we will be unable to ship your order within 3 days, we will notify you and request your approval for the delay. If you do not approve of the delay, we will be glad to refund 100% of the amount you paid.

  • Standard shipping and processing charges are as follows (we only ship to U.S. addresses):
    Orders up to $49.99 Flat charge of $5.95
    Orders of $50.00 or more FREE Shipping


  • Refunds/Returns: You can return any item to us within 30 days for a full refund, no questions asked. In order for us to process your return quickly, the returned item must be in the same condition as you received it with the original labels attached and the original receipt. It must be unworn, undamaged, and should be returned with the original packaging. We will process all returns within 8-10 days and notify you once it has been completed.

  • External Links: The Website may provide links to other websites that are not maintained or controlled by us (“Linked Sites”). While we may receive payment from companies whose products we endorse or recommend, we expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.

  • Ownership and License: Except as otherwise stated, the Website and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Website are owned by Prayan, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries and international treaty provisions. We grant you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms of Use and the instructions provided by us on the Website. The material provided on the Website including, without limitation, the information, computer code, and related functionality, are for non-commercial use only. Except as may be explicitly permitted by the Website, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download from the Website, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to Prayan and its affiliates. You may not remove, obscure or otherwise deface any proprietary notices appearing on the Website, or any content or information.

  • User Content: You are solely responsible for any message or other information (collectively, “Content”) that you submit to the Website, and you agree that all Content will be original and created by you (or you have permission to reuse such Content). You agree to use the Website in a manner consistent with all applicable laws and regulations. By submitting Content to the Website, you hereby grant us a non-exclusive, fully paid, worldwide license to use, edit, modify, display and perform such Content in whatever means we deem appropriate. We reserve the right to review and, if necessary, delete any Content that in our sole judgment of would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other user. Prohibited Content includes Content that:
  • i. is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
    ii. harasses or advocates harassment of any group or individual, or
    iii. involves the transmission of junk mail, chain letters, or spam, or
    iv. is known to be false or misleading, or promotes illegal activities, or
    v. promotes an illegal or unauthorized copy of another’s copyrighted work, or
    vi. contains restricted or password-only access pages or hidden pages or images, or
    vii. provides material that is sexual in nature, or
    viii. provides instructional information about illegal activities, or
    ix. solicits passwords or personal identifying information for commercial or unlawful purposes.

  • Disclaimer of Warranties: PRAYAN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

  • Limitation on Liability: IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

  • Indemnification: You agree to indemnify and hold harmless Prayan, its subsidiaries, affiliates, officers, agents, representatives, employees and other partners, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website.

  • Governing Law: These Terms are governed by the laws of the State of New York, without regard to its conflict of laws provisions, and any legal action brought related to these Terms or your use of the Website shall be brought in the state or federal courts for New York County, New York, and you further agree to submit to the sole and exclusive jurisdiction and venue thereof.

  • Privacy Policy: Your use of the Website is also governed by Our Privacy Policy, available here.

  • Miscellaneous: These terms constitute the entire agreement between you and Prayan regarding use of the Website, unless your membership subjects you to additional terms. The failure of Prayan to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Should any competent court determine that any provision of these Terms of Use are unenforceable as written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not possible, then that provision shall be deemed to have been stricken from the Terms of Use, and all other provisions remain in full force and effect. If you do not agree to these Terms of Use, please stop using this Website immediately.