ANNEKLEIN.COM TERMS OF USE AND CONDITIONS OF SERVICE

Last Updated August 19, 2019

The ANNEKLEIN.COM web site (the “Site”) is a service of WH Buyer, LLC d/b/a WHP Global (“WHP”) for its ANNE KLEIN® brand. These Terms of Use and Conditions of Service, 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. The Terms apply to all users of the Site, including any users who may contribute content on the Site (“User Content”).

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. WHP 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.

TABLE OF CONTENTS​

Use of Site and Content
Registration; User Submissions
Linking and Third Party Dealings
Intellectual Property
Modifications to Site
No Warranties
Notice for International Users
Miscellaneous

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. WHP reserves the right, in its 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 on the Site (“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 WHP’s 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 WHP’s 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. WHP, 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. WHP 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. WHP has made commercially reasonable efforts to display as accurately as possible the colors of any products that appear on the Site. However, as the actual colors you see will depend on your monitor, WHP cannot and does not 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 or permit submission of personal information. If you choose to register or submit personal information, you agree to provide only true, accurate, current and complete information. If WHP issues 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 WHP at its address below. 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 WHP 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 WHP and its third-party service providers who provide 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 User Submissions in the Licensed Parties’ sole discretion (including, but not limited to, use on webpages, social media site pages used by WHP and/or WHP’s licensees, and in their other marketing, promotional and advertising activities), in any media now or hereafter known. WHP 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 WHP 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. Neither WHP nor any other Licensed Party, and/or any of their sublicensees, are 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.

WHP may review, remove, reject or revise User Submissions at any time, without prior notice, and in its sole discretion. WHP may remove, reject or revise content that it believes violates these Terms, is otherwise objectionable, or for any other reason, without prior notice.

3. Linking and Third Party Dealings.

3.1 Links to External Sites. WHP may provide hyperlinks to other websites and Internet resources operated by parties other than WHP. By way of example only, when shopping for a product on the Site, WHP may provide a link to the e-commerce site of an unaffiliated third-party retailer such as Macy’s. WHP has no control over, and assumes no responsibility for, such sites and resources, their content, privacy policies, or practices. WHP also shall have no contractual and/or other obligation with respect to any purchases which you may choose to make through any such third-party e-commerce platform. In addition, WHP will not and cannot censor or edit the content of any third-party website or resource. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such websites does not imply any sponsorship, affiliation or endorsement of the material on such websites or with their operators. WHP encourages you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

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 WHP are solely between you and that third party. WHP shall have no contractual and/or other obligation with respect to any purchases which you may choose to make through any such third-party e-commerce platform. 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) WHP 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 WHP.

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 WHP 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:

WH Buyer, LLC d/b/a WHP Global
230 Park Avenue
New York, NY 10169
Attention: Legal Department – DMCA Notice – Anne Klein

5. Modifications to Site.

Price and availability information, product descriptions and promotions are subject to change without notice, and WHP reserves the right to change or update such information, and/or any business practice and/or other functionality of the Site, at any time.

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. WHP AND ITS 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, WHP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). WHP 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. WHP AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. WHP SHALL NOT BE 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. WHP reserves 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.

8. Miscellaneous.

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 WHP 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.

WHP 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.