LEGAL TERMS (LAST UPDATED APRIL 2016)
Welcome to the Catherines Web site (the "Site"). Please review the following basic terms that govern your use of this Site (this "Agreement"). This Site is operated and controlled by Charming Direct, Inc. ("Charming Direct") on behalf of Catherines, Inc. Charming Direct grants you permission to view this Site and to download and print individual pages from this Site and, if applicable, to order products from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Charming Direct that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Your failure to follow these rules, whether listed herein or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Charming Direct?s other remedies. Other than this Agreement, Charming Direct will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials including without limitation, logos, text, brand names, images, designs, photographs, graphics, music and sound, video clips and written and other materials that appear as part of this Site (including without limitation the trade names and Sites Catherines and Catherines Plus Sizes and this entire site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property") owned, controlled or licensed by CSF Corp. (an affiliate of Charming Direct, Inc.), its affiliates and subsidiaries, its content providers, and others. This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. Charming Direct aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Charming Direct, Catherines and Catherines Plus Sizes and the other Charming Direct formatives (and any portion of this Site) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Charming Direct. Charming Direct prohibits use of any logo of Charming Direct or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Charming Direct in writing. Fair use of Charming Direct?s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners.
Charming Direct owns a copyright in the selection, coordination, arrangement and enhancement of all content on this Site, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Charming Direct and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not submit, upload, post or otherwise make available on or to this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to this Site (including without limitation any essays or other submissions in connection with contests or promotions), you automatically grant, or warrant that the owner of such material has expressly granted Charming Direct the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant Charming Direct the right to edit, copy, publish and distribute any material submitted by you or made available on this Site by you. All essays, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Charming Direct on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site, including, without limitation, postings in any chat room, if any (collectively, "Communication") shall be and remain the property of Charming Direct. Such disclosure, submission or offer of any Communication shall constitute an assignment to Charming Direct of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, Charming Direct will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. Charming Direct is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through this site. You agree that Charming Direct may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. You agree that Charming Direct may (but shall not be obligated to) send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Charming Direct?s products or services, or for such other purpose(s) as Charming Direct deems appropriate.
THIRD PARTY ARTICLES
From time to time the Site may contain articles or content that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or content is correct and the publishing of third party articles and content shall not in any event be deemed an endorsement by Charming Direct or any of its affiliates of the material contained therein. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of this Site are those of the respective author(s) or distributor(s) and not of Charming Direct. Neither Charming Direct nor any third-party provider of information or content guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Site represents the opinions and judgments of the respective information or content provider, subscriber, or other user not under contract with Charming Direct. Charming Direct neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by anyone other than authorized Charming Direct employee spokespersons while acting in their official capacities. Under no circumstances will Charming Direct or any of its affiliates be liable for any loss or damage caused by a subscriber's reliance on information obtained through this Site. It is the responsibility of a user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. NO INFORMATION ON THE SITE RELATING TO HEALTH AND/OR FITNESS SHOULD BE DEEMED TO BE MEDICAL ADVICE AND THE CHARMING BUSINESSES DO NOT PURPORT TO BE MEDICAL EXPERTS. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE UNDERTAKING ANY PROGRAM OF PHYSICAL EXERTION.
Postings on this Site are made at such times as Charming Direct determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. Charming Direct does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.
USE OF IMAGES BY PRESS
Catherines respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Catherines's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Catherines that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; 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; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Catherines's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent Catherines Legal Department 450 Winks Lane Bensalem, PA 19020 phone: (215) 638-6954 fax: (215) 638-6919 e-mail: firstname.lastname@example.org This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
REGISTRATION AND ACCOUNT CREATION
Charming Direct may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.
USE OF USER ID/PASSWORD
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Site, and you are responsible for all use by you and those you allow to use the Site. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.
LINKS TO THIRD-PARTY SITES
This Site may contain links to Sites owned or operated by parties other than Charming Direct. Such links are provided for your reference only. Charming Direct does not monitor or control outside Sites and is not responsible for their content. Charming Direct?s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Charming Direct's inclusion of the links imply that Charming Direct is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Site.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Charming Direct does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. In addition, we may sell products and services of many different and unrelated retailers on this Site. We are not responsible for examining or evaluating, and we do not warrant the offerings or products of, any of these businesses, even if such offerings or products are purchased through us from this Site. Charming Direct does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties and DISCLAIMS ALL WARRANTIES related to such products and offerings. You should carefully review their privacy statements, return policies and other conditions of use.
NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THIS SITE IS OPERATED BY CHARMING DIRECT, INC., ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARMING DIRECT, INC., CHARMING SHOPPES AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "CHARMING BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE CHARMING BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE CHARMING BUSINESSES, THEIR AFFILIATES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE CHARMING BUSINESSES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER CHARMING BUSINESSES, CHARMING SHOPPES, INC. NOR ANY OF THEIR AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.WITHOUT LIMITING THE FOREGOING, THE CHARMING BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, THE CHARMING BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
THE CHARMING BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
You agree to defend, indemnify and hold the Charming Businesses harmless from and against any and all claims, damages, costs and expenses, including attorneys? fees, arising from or related to your use of this Site.
RISK OF LOSS
All risk of loss and title for items purchased from this Site pass to you upon our delivery of the item to the carrier for shipment.
QUANTITY LIMITS/ORDER ACCEPTANCE
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders paid for with a Gift which are charged at the time you place your order, not when your order is shipped). We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
In the event the Site offers products for sale, we use reasonable efforts to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including as to orders of merchandise after you have submitted your order). Please note that if this Site has products for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Site you may return it in accordance with our Return Policy.
CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS
If you have any questions about this Agreement or the Site, please send us an email or write us at: Charming Direct, Inc., Customer Service, 450 Winks Lane, Bensalem, PA 19020.
Although Charming Direct will in most circumstances be able to receive your email or other information provided through this Site (including, without limitation, service requests and other submissions), Charming Direct does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION
BOTH YOU AND CHARMING DIRECT WAIVE THE RIGHT TO RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND CHARMING DIRECT WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
You agree that these Terms and your use of the Site are governed by the laws of Pennsylvania, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, Charming Direct shall be entitled to seek injunctive or equitable relief in the state and federal courts in Bucks County, Pennsylvania and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Bensalem, PA; Chicago, IL; New York City, NY; Los Angeles, CA; Atlanta, GA; or Dallas, TX (whichever is closest to your residence). The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Bucks County, Pennsylvania. Charming Direct agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs incurred by you to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of these Terms or the Site.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Charming Direct has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.
The Convention on International Sale of Goods shall not apply to any sale or other transaction made through this Site.
Charming Direct's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Charming Direct's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Charming Direct with respect to such use.
This Agreement constitutes the entire agreement between you and Charming Direct with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Charming Direct with respect to this Site. No modification of this Agreement shall be effective unless it is authored by Charming Direct or its affiliates, or unless it is physically signed by a Charming Direct officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Charming Direct in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Charming Direct in printed form.
© 2016 Charming Direct, Inc. All Rights Reserved. March 2016. Catherines and Catherines Plus Sizes are trademarks of Charming Direct, Inc. or its affiliates
Use of the Services
You are solely responsible for your use of the Services. You certify to Olapic that you are at least 18 years of age or use the Services only under the supervision of a parent or legal guardian. You also certify that you are legally permitted to use the Services and access the Site.
Olapic facilitates the direct upload of user photos, text, graphics, audio, video, location information and comments (“User Content” or “User Generated Content”) to websites and other digital properties operated by Brands, for use by the Brands in marketing, promotional, advertising and other customer engagement channels, as well as the collection of User Content from social media sites on behalf of Brands. Brand properties and the content residing thereon, and Brand business practices and privacy policies are not under Olapic’s control, and Olapic is not responsible for and makes no claims regarding the accuracy or legality of any User Content, Brand Content or anything therein. The inclusion of User Content on the Site or Services does not imply Olapic’s endorsement of or any affiliation with you, the User Content, or any Brand featured in such User Content.
You may directly upload User Content or post User Content to your social media accounts. By uploading User Content and posting User Content that you have tagged with Brand hashtags to social media platforms, you grant to the Brand, its third-party service providers who provide content management services including Olapic, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Brand-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.
Intellectual Property Rights
The Olapic Site and Services contain proprietary information owned by Olapic, including, but not limited to, text, software, photos, video, graphics and the entire contents of the Olapic Site and Services, protected by copyright, trademark and other intellectual property laws. The Licensed Parties’ properties contain proprietary information owned by or licensed to the Brand or its retail partner, and protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Olapic and the Licensed Parties by using the Olapic Site or Services.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.
If you believe that any User Content or other material residing on or accessible through the Site or Services infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following “Designated Agent” for purposes of receiving notice under the DMCA relating to the Site and Services:
Olapic, Inc. Attn: Olapic Designated Agent 151 West 25th Street, Floor 5, New York, NY 10001 646-795-6510 (phone)
To be effective, the written notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Olapic to locate the material; Information reasonably sufficient to permit Olapic to contact the complaining party, such as an address, telephone number and if available an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Once proper infringement notification is received by the Designated Agent, it is Olapic’s policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers’ access to the Site and Services.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Olapic’s Designated Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:
A physical or electronic signature of the person submitting the counter notification; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which Olapic may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent. Upon receipt of a counter notification, containing the information as outlined above, Olapic shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Olapic shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Olapic’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Olapic Site or Services.
Limitation of Liability
IN NO EVENT WILL OLAPIC, ITS AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE OLAPIC SITE OR SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE OLAPIC SITE OR SERVICES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE OLAPIC SITE AND SERVICES. IN ADDITION, NEITHER OLAPIC NOR ITS AFFILIATED COMPANIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE OLAPIC SITE OR SERVICES; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN PARTICULAR, OLAPIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR SERVICES WILL BE CORRECTED.
You agree to defend, indemnify and hold harmless Olapic, its affiliates and their respective directors, officers, employees and agents, from and against all claims and expenses (including attorneys’ fees) arising out of the use of the Olapic Site or Services, by you or any other person using an account of yours. Olapic reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Olapic with such cooperation as is reasonably requested by Olapic.
Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to email@example.com or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to:
Olapic, Inc. Attn: Legal 151 West 25th Street, Floor 5 New York, NY 10001
Copyright 2015 Olapic, Inc. All rights reserved.
Last updated: December 1, 2015
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- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
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- for which you were compensated or granted any consideration by any third party;
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You agree to indemnify and hold Catherines (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
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