BY ACCESSING THE SITE, YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE TO THE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. We may change, modify, add, or remove portions of these Terms from time to time. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to the Terms will signify your agreement to those changes.
1. Use of Site and Content.
1.1 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. 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 (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) 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.
1.2 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.
1.3 Restrictions. Except as expressly permitted in Section 1.1 and 1.2 above, you may not, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, perform or display any Content, in each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Content, (e) archive or retain any Content in any form, (f) use Content for any commercial purposes, (g) use any of our trademarks as metatags on other web sites, (h) 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 (i) display any part of the Site in frames (or any Content via in-line links). You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or insert any code or product or manipulate the Content in any way that affects the user’s experience. You further may not use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any 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.
The Terms apply to all users of the Site, including users who contribute User Submissions (as that term is defined below in Section 2.2) on the Site. Please note that Anne Klein, as a provider of an interactive computer service, shall not be treated as the publisher or speaker of any information provided by another information content provider, pursuant to Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Anne Klein shall thus not be liable under any federal, state or local law in connection with User Submissions submitted herein.
1.4 Product Information and Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
2. Registration; User Submissions.
2.1 Registrations. Certain areas of the Site may require registration. If you choose to register, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you are responsible for keeping your password and other information relating to your account confidential, and you accept responsibility for all activities that occur under your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact Anne Klein by emailing firstname.lastname@example.org or calling 1-888-841-2229 (9AM – 10PM ET). You assume the risk for any loss that results from the unauthorized use of your password, with or without your knowledge, as a result of someone else using your account due to your failure to use reasonable care to safeguard your password.
2.2 User Submissions. By posting or uploading content you have created (including without limitation, reviews, links, text, documents, software, scripts, graphics, photographs, sounds, music, your social media handle, videos, suggestions and comments, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Site) (collectively, “User Submissions”) in connection with your use of the Site or through use of tools or applications we may provide for posting or sharing your User Submissions (including those that you have tagged with #AnneKlein, #Annekleinsport or other Anne Klein brand hashtags), you grant to Anne Klein and its third-party service providers who provide Anne Klein with content management and website services (collectively, “the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your Anne Klein-tagged User Submissions and other User Submissions in any manner in Anne Klein’s sole discretion (including, but not limited to, use on its webpages, social media site pages used by Anne Klein, and in its other marketing, promotional and advertising activities), in any media now or hereafter known. Anne Klein may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You hereby 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 Submissions as Anne Klein determines in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, or the holder of any such rights has provided you with all necessary licenses, rights, consents and permissions to publish the User Submissions you submit and to grant the rights granted herein, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein, including the right to use and grant the Licensed Parties’ the right to use their name, image, voice and /or likeness without need for payment to you or any other person or person, (iii) you and all person(s) appearing in your User Submissions are not minors, (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, and (v) your User Submissions will not contain the personal information or likeness of another person, or material that is unrelated to the goods or services offered by or available at the Site, clearly false or misleading, libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristic, or otherwise unlawful.
Your User Submissions are deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except under the Licensed Parties’ respective privacy policies. Anne Klein is and shall be under no obligation (1) to pay you any compensation for any User Submissions or (2) to use or respond to your User Submissions or to identify you in connection with any such use.
Anne Klein may review, remove, reject or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject or revise content that we believe violates these Terms, is otherwise objectionable, or for any other reason, without prior notice.
3. Linking and Third Party Dealings.
3.2 Third-Party Dealings. Some portions of the Site may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than Anne Klein 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 those policies and practices 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.
4. Intellectual Property.
Except for Content that is in the public domain, all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Anne Klein, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Terms. Except as otherwise expressly provided in these Terms, all rights in and to the Content are expressly reserved by Anne Klein.
If you believe any of the Content on the Site infringes your copyright, you may request removal of such Content (or access thereto) from the Site pursuant to the Digital Millennium Copyright Act (“DCMA”) by contacting Anne Klein as set forth below and providing the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
Nine West Holdings, Inc.
1411 Broadway, 17th Floor
New York, New York 10018
Attention: Legal Department – DMCA Notice – Anne Klein
5. Orders; Typographical Errors; Modifications to Site. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. When you place an online order, you are deemed to make an offer to purchase goods from Anne Klein for personal use and not for resale by you or any other person. Email or other online confirmation of receipt of your order by Anne Klein is not an acceptance of your order. Your offer is not deemed accepted until Anne Klein ships or fulfills the order. Anne Klein reserves the right to reject and cancel you order prior to shipment for various reasons, including but not limited to website errors in pricing and/or other information about the merchandise, insufficient or incorrect credit or debit card information, insufficient or incorrect billing information, insufficient or incorrect shipping information, suspected fraudulent activity, previous fraudulent order history, or the order is deemed to possess characteristics of reselling.
If your credit card has already been charged for the purchase and your order is canceled, Anne Klein will issue a credit to your credit card account in the amount of the charge.
Additionally, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability, and (b) 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, access procedures, software commands, documentation, suppliers and/or other services.
6. No Warranties.
The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT 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). ANNE KLEIN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE, VIRUS-FREE, FREE OF TROJAN HORSES OR OTHER MALEVOLENT CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, ERROR, BUGS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS, INACCURACIES OR OMISSIONS. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
7. Notice for International Users.
At present, the Site is hosted on servers located in the United States and is intended to be viewed primarily by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States. The use of this Site by residents of countries other than the United States shall be governed by and construed in accordance with the laws of the State of New York, USA, without giving effect to any principles of conflict of laws. Residents of countries other than the United States agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located New York, USA, and hereby consent and submit to the personal jurisdiction of such courts. This provision does not apply to residents of the United States.
These Terms including, without limitation, any other terms and conditions that may appear on the Site from time-to-time, contain the full understanding 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. A printed version of these Terms 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 conditions as other business documents and records originally generated and maintained in printed form. The failure of Anne Klein 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.
We may provide notice to you relating to the Site and/or these Terms by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.