TERMS OF SERVICELast updated 2/10/16
ACCEPTANCE OF TERMS OF SERIVCE
WELCOME TO OUR ONLINE SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THESE SERVICES. The services that Wicked Fashions, Inc. (“WFI”) provides to you in this website and all other online services operated by WFI and its affiliated companies on which these Terms of Service appear (the “WFI Online Services”) are subject to the following Terms of Service. Your use of the WFI Online Services constitutes your unconditional agreement to follow and be bound by these Terms of Service.
If you do not agree to the terms and conditions below, please do not use the WFI Online Services.
USE OF THIS SITE
All materials, including without limitation, images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this or any other WFI Online Service (collectively, the "Content”) are the property of WFI or its subsidiaries or affiliated companies and/or third-party licensors (“Affiliates”). The services provided on the WFI Online Services are for your personal, non commercial use. You may download or copy the Content and other downloadable materials displayed on the WFI Online Services for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. Without WFI’s written consent, you may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the WFI Online Services for any public or commercial purpose.
As a condition of your use of the WFI Online Services, you will not use the WFI Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WFI Online Services in any manner that could damage, disable, overburden, or impair any server of WFI or its Affiliates, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of the WFI Online Services. You may not attempt to gain unauthorized access to any WFI Online Services, other accounts, computer systems or networks connected to any such server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the WFI Online Services.
All trademarks, service marks, and trade names, copyrights and other intellectual property are proprietary to WFI or its Affiliates and are protected by U.S. and international laws. WFI and its Affiliates reserve all rights in such intellectual property and access to this WFI Online Services. No right, title or interest in any downloaded materials or software is transferred to you as a result of access to this WFI Online Services or any downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the WFI Online Services or any related software.
YOUR IDEAS AND SUBMISSIONS TO OUR WEBSITES
We wish to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to our WFI Online Services. Accordingly, you agree that any material, information, suggestions, ideas, concepts, know-how, design, style, pattern, drawing, techniques, questions, comments or other communication you transmit to us or post to any WFI Online Service (a “Visitor Communication”) that we may offer is and will be considered non confidential and non proprietary.
You agree that WFI and its Affiliates may use, refuse to use, edit and modify any Visitor Communication for any purpose in their sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, fabrication, design, and/or marketing in any manner whatsoever for no consideration or compensation to you and in any or all commercial or non-commercial purposes in all tangible and intangible media now known or hereafter developed. By submitting information to any WFI Online Service, you grant WFI a perpetual, royalty-free, worldwide license to use, transmit, copy, edit and display such information in any and all media now known or hereinafter devised, including in any product and the right to use your name in connection with your Visitor Communication. No consideration or compensation need be made for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted in any manner.
You agree that neither WFI nor any of its Affiliates nor their officers, directors, employees, agents, representatives, successors or assigns has any liability related to the content of any Visitor Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree that you have no claim, and will not make any claim, against WFI or any of its Affiliates or any of their officers, directors, employees, agents, representatives, successors or assigns that any product that we or they may publicize, market or sell infringes any rights that you may claim to have.
You represent and warrant that any content you submit in any Visitor Communication is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. You warrant, certify and represent that any individuals depicted in audio or visual files submitted as part of a Visitor Communication, other than yourself, are of the age of majority in their respective states of residence, subject to the next paragraph; and you grant the worldwide perpetual right to WFI and its Affiliates, the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals for no consideration, and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any Visitor Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms of Service.
YOUR ONLINE BEHAVIOR: USER-GENERATED CONTENT RULES
The WFI Online Services may contain features that enable you to communicate with others or to post comments or photographs or other content. You agree to use these features only to post, send and receive messages and other Visitor Communications that are proper. By way of example, and not as a limitation, you agree that when using the WFI Online Services, you will not:
1. Libel, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information.
3. Use the WFI Online Services in connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages.
4. Violate any trademark, copyright or other intellectual property right, or any right of publicity or other right of any party.
5. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in a file that is uploaded.
6. Use any material or information, including images or photographs, which are made available through the WFI Online Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
7. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
8. Harvest or otherwise collect information about others, including e-mail addresses.
9. Create a false identity for the purpose of misleading others.
10. Violate any applicable laws or regulations or encourage conduct that would be considered a criminal offense or give rise to civil liability.
WFI and its Affiliates reserve the right at all times to disclose any Visitor Communication or other information as any of them deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
You understand that when using any WFI Online Services, you will be exposed to Visitor Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Visitor Communications.
Our WFI Online Services may contain links to other related Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site. WFI does not allow or condone links to its web site, pages, materials, or information without prior inspection, evaluation, and written consent by WFI. WFI is not responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this in such context. WFI is not responsible for the content of any site, such as a site that is linked to a WFI site that is beyond its control. DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WFI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. INDEMNIFICATION
You agree to defend, indemnify and hold WFI and its Affiliates and their officers, directors, employees, agents, representatives, successors and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising directly or indirectly from or related to your use of the WFI Online Services or for any breach of any representations, warranties, and obligations set forth above, or your violation of any law or the rights of a third party. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WFI OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, RERPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WFI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WFI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. WFI or its Affiliates may allow third party applications to operate on our websites or allow you to interface with third party websites such as FACEBOOK®. For instance, we may allow you to use your FACEBOOK account sign up to use certain features on a WFI Online Service, or allow you to click on a FACEBOOK “LIKE” icon located on a WFI Online Service to recommend one of our products. These third party sites may collect and share personal information and public information about you and share it with third parties, including WFI. You agree that neither WFI nor its Affiliates nor any of their officers, directors, employees, agents, representatives, successors or assigns or shall be liable for your use of such third party site or for the actions of such third party site so accessed through the WFI Online Services, including without limitation, its data collection and sharing practices. MISCELLANEOUS
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting WFI's products and services available in the United States.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the courts of the State of New York, County of New York and/or the U.S. District Court for the Southern District of New York you consent to the exclusive personal jurisdiction of such courts. MODIFICATIONS TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check this page regularly for any changes. Your continued use this WFI Online Services following the posting of any changes to these terms shall mean that you have accepted those changes.
DMCA NOTICE-- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that some portion of any WFI Online Services, including any Visitor Communication, infringes any copyright that you may own, and you wish to notify WFI of such claimed infringement, send a written notice of claimed infringement that includes substantially the following in writing to the Designated Agent listed below (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act as amended from time to time to confirm these requirements):
1. A physical or electronic signature of a person (the “Complaining Party”) authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WFI to locate the material.
4. Information reasonably sufficient to permit WFI 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.
5. 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.
6. 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.
Written notification must be submitted to the following Designated Agent:
Name of Designated Agent: Jodi Ju
Address: c/o Wicked Fashions, Inc., 222 Bridge Plaza South, Fort Lee, New Jersey 07024
Telephone Number: 201 242 5900
Upon receipt of the written Notification containing the information as outlined in items (1) through (6) above WFI shall remove or disable access to the material that is alleged to be infringing; forward the written notification to such alleged infringer ("Visitor"); and take reasonable steps to promptly notify the Visitor that it has removed or disabled access to the material.
WFI may in its sole discretion deny access to the User Generated Content features of any WFI Online Services to a repeat offender.
A Visitor may object to any Notification by sending a written communication ( a “Counter Notification”) provided to the Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Visitor;
2. 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;
3. A statement under penalty of perjury that the Visitor 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;
4. The Visitor's name, address, and telephone number, and a statement that the Visitor consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Visitor's address is outside of the United States, for any judicial district in which the WFI may be found, and that the Visitor will accept service of process from the person who provided notification or an agent of such person Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, WFI shall: provide the Complaining Party with a copy of the Counter Notification; inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; 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 the Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Visitor from engaging in infringing activity relating to the material on WFI’s network or system.