Terms and Conditions of Use for www.eugeniakim.com Website
Last Updated: August, 22 2013
The EUGENIAKIM.COM website (the “Site”) is a service of Eugenia Kim, Inc. ("EK” or “we”). These Terms and Conditions of Use, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Terms”), set forth the terms and conditions under which you may use and access the Site. BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. Even though you may “bookmark” this Site or a particular portion of this Site, and thereby bypass these Terms and Conditions of Use, your use of this Site will continue to bind you to the Terms and Conditions of Use.
1. INTELLECTUAL PROPERTY.
A. Except for Content (as defined below) that is in the public domain, all Content, as well as the selection and arrangement of the Content, including, but without limitation, all page headers, images, illustrations, graphics, audio clips, video clips, and text, is owned by (or licensed to) EK, its affiliates, distributors or retailers, or is used on the Site as permitted by the U.S. Copyright Act, and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied, imitated or linked to, in whole or in part, except as expressly provided in these Terms. Except as otherwise expressly provided in these Terms or under the U.S. Copyright Act, all rights in and to the Content are expressly reserved by EK and its licensors.
B. User Comments, Feedback, and Other Submissions.
All comments, feedback, suggestions, ideas, and other submissions which may be disclosed, submitted or offered to EK on or by this Site, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain EK property. Such disclosure, submission or offer of any Comments shall constitute an assignment to EK of all worldwide rights, titles, and interests and EK shall not be limited in any way in its use, commercial or otherwise, of any Comments. EK will exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. EK is and shall be under no obligation to: (i) maintain any Comments in confidence; (ii) pay any compensation to user for any Comments; or (iii) respond to any user Comments.
2. USE OF SITE AND CONTENT
A. Use of Site.
You may access and use the Site solely for your personal use in accordance with these Terms. You agree not to access or use the Site in any manner that is prohibited by these Terms or is otherwise unlawful. You are responsible compliance with all applicable laws and payment of any sales or use taxes due on any items ordered through the Site. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (i) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (ii) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
B. Use of Content.
You may make a single copy and/or print a single copy of any information displayed or transmitted on the Site (including, but not limited to, logotypes, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like, collectively "Content") for your personal use only.
Except as expressly permitted in Section 2A and 2B above, you agree not to, without first obtaining EK’s express, prior written permission, (i) distribute (including via email), or otherwise make available, copies of any Content to anyone, (ii) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (iii) reproduce, adapt, distribute, perform or display any Content except to the extent required for the limited purpose of viewing material on the Site, (iv) alter or remove any trademark, copyright or any other notice contained in any Content or on the Site, (v) archive or retain any Content in any form, (vi) use Content for any commercial purposes, (vii) use any of our trademarks as meta tags on other web sites, (viii) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (ix) display any part of the Site in frames (or any Content via in-line links). You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Content in any way that affects any user’s experience. You further agree not to use any cancelbots, spiders, Trojan horses, data mining, web crawlers, robots, or any other data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with instructions directed to search engines and available on the Site.
D. Product Information and Colors.
We have made every effort to display EK products as accurately as possible, including the colors of products that appear on the Site. However, as the actual colors you see will depend on your computer and monitor, we cannot guarantee that your monitor's display of any EK product’s color will be accurate. Products displayed may be out-of-stock or discontinued. Prices are subject to change. EK is not responsible for typographical errors regarding price or any other matter.
E. EK Blogs and Social Networks.
Any EK blog and social network postings and feeds are intended to provide you with information about EK’s thoughts and reactions to various fashion events, trends and products, and are not intended as an endorsement of any third party.
F. Your Personal Information.
G. Security Rules.
Among other things, you are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you, or logging on to a EK server or account which you are not authorized to access; (ii) attempting to, or succeeding in, probing, scanning or testing the vulnerability of a system or network, or breaching security or authentication measures without proper authorization; (iii) attempting to interfere, or interfering, with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider, or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site; and, (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission, or posting to our Site.
4. LINKING TO THIRD PARTY WEBSITES
A. Linking to the Site.
You may link to any page of the Site by copying and sending the url page address to a third party via email, text or otherwise, provided you do not copy any other portion of the Site and accurately attribute the site to EK.
B. Site Links to External Websites.
We may provide hyperlinks to other websites and Internet resources operated by parties other than EK. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference and convenience only, and the inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such websites or with their operators.
C. Third-Party Websites.
Some portions of the Site may direct you to a website, blog or social network of a third party. Your dealings or communications through the Site with any party other than EK are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
You agree to indemnify and hold harmless EK and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (i) your access and/or use of the Site, (ii) any breach of any of these Terms by you or any user of your account, and/or (iii) any allegation which, if true, would constitute a breach of any of these Terms by you or any user of your account.
6. NO WARRANTIES.
The Site and the products sold under it are provided on an "AS IS", "AS AVAILABLE" basis. ANY CONTENT OR PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). We make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. The Site is controlled, operated and administered by us from our offices within the United States.
7. LIMITATION OF LIABILITY.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL EK, ITS PARENTS, AFFILIATES, SUPPLIERS AND INDEMNIFIED PARTIES BE LIABLE FOR (i) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR (ii) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (i) AND (ii) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF EK, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, EK’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
8. ADDITIONAL TERMS AND MODIFICATIONS TO TERMS.
WE MAY ADD ADDITIONAL TERMS THAT GOVERN YOUR USE OF THE SITE BY POSTING SUCH TERMS ON THE SITE FROM TIME-TO-TIME. In addition, we may revise these Terms at any time. When we do, we will also revise the "last updated" date at the top of these Terms. You are responsible for regularly reviewing the current Terms. The most current version of the Terms can be reviewed by clicking on the "Terms and Conditions of Use" hypertext link located at the bottom of our web pages. Your continued use of the Site after we post any revised Terms constitutes your agreement to any such revised terms. If you object to any of these Terms or any subsequent changes, you may not use of the Site.
9. MODIFICATIONS TO THE SITE.
For further clarity, (i) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data, Content or other information contained on the Site at any time for any reason and without notice or liability, and (ii) we reserve the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, acceptable payment methods, access procedures, software commands, documentation, suppliers and/or other services.
10. GOVERNING LAW.
These Terms and the use of this Site are governed by the laws of the United States and New York State without regard to conflict of laws rules. Any claim related to these Terms shall be brought by suit in the federal courts sitting in Manhattan, New York, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in Manhattan, New York, USA, within one year after the claim arises. You agree that no such claim may be brought as a class action. You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Terms in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.
This Policy and the use of this Site are governed by the laws of the United States and New York State without regard to conflict of laws rules. Any claim related to these Terms shall be brought by suit in the federal courts sitting in Manhattan, New York, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in Manhattan, New York, USA, within one year after the claim arises. You agree that no such claim may be brought as a class action. You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Terms in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.
These Terms including, without limitation, any other terms and conditions that may appear on the Site from time-to-time (for example, the return/exchange policy and information regarding items and orders) contain the full understanding and agreement with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms shall remain in full force and effect. A printed version of these Terms and Conditions of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same Terms as other business documents and records originally generated and maintained in printed form. The failure of EK to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. We may provide notice to you relating to the Site and/or these Terms by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
12. CONTACTING US.
Please do not hesitate to contact us with any questions, concerns, requests or comments regarding these Terms and Conditions of Use or this Site (including any Content appearing on or items purchased from this Site) by writing to us at:
Customer Care Dept.
Eugenia Kim, Inc.
347 West 36th Street, Suite 501
New York, NY 10018