When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, video, messages or other materials ("User Content") to or from JC LITWEAR or any other website, microsite or other Internet property owned, operated or sponsored by JC Litwear (collectively "JC Litwear Web properties"), you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below. This means that you, and not JC Litwear, Inc. or its affiliates (collectively, "JC Litwear"), are entirely responsible for all User Content that you post on JC Litwear' web properties. All users of JC Litwear ' Web properties agree that their access to and use of any JC Litwear ' Web properties is subject to this User Generated Content Policy and all applicable laws, and any access or use is at the user's own risk. The terms of this User-Generated Content Policy are subject to change at any time without notice. These modifications will be reflected on the User-Generated Content Policy page of Designers Boutiques.
All inquiries, comments, suggestions, ideas or other information or user content that you provide to us, including the submission of your name, social media name, any accompanying text and an image or images from your Twitter ™, Instagram ™ or other social media site account (such as Facebook for example), use of hashtags (referred to as "Submissions") will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by uploading, posting, e-mailing or otherwise submitting Submissions to any of JC Litwear' web properties, you grant, and represent and warrant that you have the right to grant JC Litwear an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, distribute, copy, perform, display.
You also acknowledge that your Submissions will not be returned and JC Litwear may use your Submissions, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose, including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without requiring any authorization or payment from you or any other person or entity.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By making a Submission, you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, confidentiality or publicity rights or any other legal or moral rights of any third party, or violate any applicable laws or regulations. You also warrant and represent that each person in the Submission has given his or her written permission and consent to be included in the Submission and publicly displayed on JC LITWEAR' and other JC LITWEAR' web properties, social media sites, marketing materials and advertising and that you will promptly provide such permission and consent to JC LITWEAR upon request. You agree to indemnify JC LITWEAR and its affiliates for all claims arising out of or in connection with any claim of rights to any Submission or any damages arising from any Submission. You further agree to indemnify and hold JC LITWEAR, its officers, directors and employees (collectively the "Releasees") harmless from any claim by a third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorneys' fees). Costs, liabilities, verdicts, judgments and settlements) resulting from the use of a Submission or any violation of your statements, including, without limitation, allegations of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity or rights of privacy. Upon submission of the Submission, you release JC LITWEAR and the Releasees and irrevocably waive any claim that the use of your photo by JC LITWEAR with or without your name, including but not limited to use on JC LITWEAR' web properties, violates or infringes upon my rights in your Submission or any work or material contained in your Submission.
Instagram ™, Twitter ™ and similar social media forums are registered trademarks of their respective companies and are not affiliated with JC LITWEAR. Any submissions via these sites or other similar social networking sites are subject to all rules and regulations of those sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER JC LITWEAR NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS LOST ACCESS TO OR USE OF THE SITES EVEN IF JC LITWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON JC LITWEAR WEB PROPERTIES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
You agree not to engage in or assist or encourage others to engage in the transmission, uploading, posting, emailing or otherwise making available on JC LITWEAR' web properties, user content that is, or encourages any activity or conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading; has been paid or given consideration by a third party; contains restricted or obscured content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.
Although JC LITWEAR allows users to post user content, including images and comments, on JC LITWEAR' web properties, you should be aware that user content is not reviewed by JC LITWEAR prior to being posted and does not necessarily reflect the opinions of JC LITWEAR.
All user content must be suitable for a family audience. All user content may be removed by JC LITWEAR from JC LITWEAR web properties at any time and for any reason.
When you submit, post or otherwise transmit User Content to JC LITWEAR' web properties, you are solely responsible for ensuring that you have the right to post such User Content, including, but not limited to, any copyright in images or music, and the right to post images of people or items included in the User Content.
Please note that any User Content published on JC LITWEAR' web properties may be used by JC LITWEAR for commercial purposes and may be copied or exported from any of JC LITWEAR' web properties and published elsewhere on the Internet, including all social media sites, or otherwise. Please use discretion in deciding what to publish on any of JC LITWEAR' web properties.
Please be aware that JC LITWEAR has no control over user content once it leaves JC LITWEAR' web properties, and that others may reproduce material found on JC LITWEAR' web properties, including, but not limited to, other sites on the Internet, including on any social network. Multimedia sites, so please use discretion in deciding what to publish on any of JC LITWEAR' web properties.
You further agree not to post any content or mechanisms that attempt to access restricted areas of JC LITWEAR' web properties, collect or solicit passwords or personal information from other users, or engage in commercial activities through any of JC LITWEAR' web properties.
In addition, you agree not to transmit, upload, post, email or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional materials, including chain letters, mass mailings or any other form of "spam". You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable information about other users.
JC LITWEAR does not endorse or control the User Content transmitted or published on JC LITWEAR' web properties and, therefore, JC LITWEAR does not guarantee the accuracy, integrity or quality of the User Content. You understand that by using this, or any of JC LITWEAR' web properties, you may be exposed to offensive, indecent or objectionable User Content. Under no circumstances will JC LITWEAR be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the JC LITWEAR web properties.
You acknowledge that JC LITWEAR has the right - but not the obligation - in our sole discretion to refuse to post or remove any User Content and reserves the right to change, condense, edit, modify, transmit, display or delete any User Content and you waive any right you have to have the material altered or changed in a manner not acceptable to you. Without limiting the generality of the foregoing or any other provision of these terms and conditions, JC LITWEAR has the right to delete any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely with respect to the posting of content, reserves the right to terminate access to submit UGC to JC LITWEAR web properties without notice to any user who violates this User Generated Content Policy or infringes the rights of others.
JC Litwear respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without permission in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to the Copyright Agent, Attention: JC Litwear Legal Department, 276 5th Avenue, New York, New York 10001 or at email@example.com .This contact information is intended solely for use in connection with an alleged copyright infringement. Contact information for other matters is provided elsewhere on the JC LITWEAR web sites and can be found at Contact Us. Any personal information that you provide in your email will be used only for purposes related to your email. Although JC Litwear strives to make the JC Litwear web properties safe and positive, they remain public forums and other users may attempt to obtain personal information about you in order to harass or harm you. By using JC Litwear' web properties, you acknowledge and agree that JC Litwear is not responsible for the misuse by third parties of information disclosed publicly here. Please carefully select the type of information you publish or share and report any abuse to us.