We appreciate your interest in our company and brands and your visit to the various websites owned or operated by our subsidiaries and affiliates. These Terms of Use ("Terms") set forth the basic terms and conditions that govern your visit to and use of the Site. Please read them carefully, as your use of the Site constitutes your consent to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
Site Contents.
The text, images, graphics, video files, and their arrangement on the Site are all subject to copyright and other intellectual property protection. The information, materials, and other contents of this Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of us. Access to and use of the Site is solely for your personal use. You may download, copy, or print the contents of the Site for your personal reference only. No right, title, or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing, or use of the Site.
Trademarks.
All trademarks, service marks, trade dress, slogans, and logos displayed on the Site are the exclusive property of us, our suppliers and partners, or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that we may enforce its intellectual property rights to the fullest extent of the law.
Links to Other Websites.
The Site may include links to other websites or other sources of information. We provide such links only as a convenience to you. We have neither reviewed the contents of these third-party websites nor do we claim any responsibility for the content or suitability of these third-party websites and we makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by us or any association with their operation. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge that such other sites or locations are not under the control of us and you agree that we shall not be responsible for any information or additional links found at such site or location, or for your use of such information.
Registration, Accounts, and Passwords.
Accessing certain services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of user names, passwords, security questions and answers, or other account identifiers which you choose, and for all activities that occur under such account identifiers. You agree to promptly notify us of: (i) any loss of your user names, passwords, security questions and answers, or account identifiers, and (ii) any unauthorized use of your user names, passwords, security questions and answers, or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.
Interactive Areas and User Contributions.
Certain areas of the Site may include user reviews, discussion forums, postings, hashtags or other interactive areas or community features ("Interactive Areas"), that may allow you and other users to submit photos, images, artwork, graphics, sounds, music, designs, video, audiovisual materials, product reviews, comments, questions, feedback, ideas, suggestions, or other information or content via the Site or otherwise ("Contributions"). Contributions do not reflect the views of us. You are solely responsible for your use of Interactive Areas of the Site and for any Contributions that you post, both of which are done at your own risk. We takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although we have no obligation to monitor or screen Contributions posted in any Interactive Area, we may edit or remove any Contributions on the Site at any time and for any reason without notice.
By posting Contributions or use of our hashtags, you grant us a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, display, perform, distribute and otherwise exploit or use in our discretion such Contributions in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize. We may use your Contributions for marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing including on social media. We may display advertisements in connection with your Contributions or on pages where your Contributions may be viewed by you or others, and we may use your Contributions to advertise and promote us or any of its subsidiaries or affiliates or the Site. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions. You also waive all rights in and to your Contributions in favor of us, our successors, assigns, and licensees. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation for any Contributions, or to respond to any Contributions.
You promise that: (1) you own all rights to your Contributions or, if you don't own all rights, then at least have the right to give us the rights described above; (2) you have paid and will pay in full any fees or other payments that may be related to the use of your Contributions; and (3) your Contributions do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Contribution Guidelines.
By using the Site, you agree that your Contributions and use of Interactive Areas will comply with all applicable laws, and will not:
- Contain any material which is defamatory of any person, libelous, obscene, pornographic, offensive, hateful, scandalous, hateful, threatening, or inflammatory;
- Promote sexually explicit material;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
- Contain viruses, corrupted data, or other harmful, disruptive, or destructive files;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
- Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that it emanates from us, if this is not the case; and/or
- Contain anything that, in the sole determination of us, is objectionable or inhibits any other person from using or enjoying the Site, or which may expose us or its users to any harm or liability of any kind.
Failure to comply with these contribution guidelines ("Contribution Guidelines"), as determined in our sole discretion, constitutes a breach of these Terms. If you breach these Contribution Guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the Site; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorneys' fees; and/or (iv) disclosure of information to law enforcement authorities.
Risk of Loss.
The risk of loss and title for each item purchased by you, pass to you upon our delivery of the item to the carrier. We do not take title to any returned item until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return and, in that event, we do not take title to the refunded item.
Indemnification.
As a condition of your use of this Site, you agree to defend, indemnify and hold harmless, its subsidiaries and affiliates, and each of their respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, third party partners, and advisors (individually and together, the "Indemnified Parties"), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content you post, store, or otherwise transmit on or through the Site (including, without limitation, any Contributions) or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to any Contributions, your conduct, your violation of these Terms or any other terms, policies, or agreements available on or through the Site, or your violation of the rights of any third party.
Severability.
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
Complete Agreement.
These Terms and the Privacy Policy constitute the entire agreement between you and us relating to the Site and your use of the Site, and supersede any prior agreements or understandings not incorporated herein.
Termination.
Notwithstanding anything in these Terms or on the Site, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by us.