- Permission to Use the Web Site
- Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
- Ownership of the Web Site
- Trademark Information
- Personal Information Privacy
- Other Sites
- Linking, Framing, Mirroring, Scraping and Data-Mining the Web Site
- Feedback and Comments
- Governing Law and Dispute Resolution
- Notice and Procedure for Making Claims of Intellectual Property Infringement
- Other Matters
In addition, Fourth FLOOR may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it.
4. PERMISSION TO USE THE WEB SITE
You many not access the Web Site in any manner that imposes an unreasonable load on the Web Site. Further, you agree not to interfere, in any way, with others’ use of or access to the Web Site and will not attempt to gain unauthorized access to the account or computer system of any other Web Site user. The Web Site may be used only for lawful purposes, and you agree not to take any action in connection with your use of the Web Site which violates any treaty, law or regulation.
Fourth FLOOR endeavors to provide accurate information through the Web Site. Nevertheless, errors may occur from time to time. Accordingly, Fourth FLOOR reserves the right to change information available through the Web Site at any time, and from time to time, without any prior notice or liability to you or any other person.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
Neither Fourth FLOOR nor its affiliates or any of its providers, contractors or licensors (collectively, “Affiliates and Providers”) accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site.
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY FOURTH FLOOR AND ITS AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND FOURTH FLOOR’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
FOURTH FLOOR AND ITS AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY FOURTH FLOOR TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY FOURTH FLOOR IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO FOURTH FLOOR BY MEANS OF THE WEB SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEB SITE OR EMAIL SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOURTH FLOOR AND ITS AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; OR (F) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS.
FOURTH FLOOR AND ITS AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT BY FOURTH FLOOR OR ANY OF ITS AFFILIATES OR PROVIDERS OR ANY PERSON FOR WHOM FOURTH FLOOR OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT FOURTH FLOOR OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OF CERTAIN LIABILITIES ARE PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF FOURTH FLOOR AND ITS AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
7. OWNERSHIP OF THE WEB SITE
The Web Site and all (a) information and content in text, graphical, video and/or audio forms and (b) images, icons, software, designs, applications, calculators, models, data, and other elements, available on or through the Web Site are the property of Fourth FLOOR or its Affiliates and Providers, and are protected by United States and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content.
8. TRADEMARK INFORMATION
Fourth FLOOR®, fourthfloorfashion.com, the Fourth FLOOR Logo, and certain other marks and logos appearing on the Web Site are registered and unregistered trademarks, trade names and service marks owned or licensed by Fourth FLOOR. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.
Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.
9. PERSONAL INFORMATION PRIVACY
10. OTHER SITES
11. LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE
Links to the Web Site without the express written permission of Fourth FLOOR are strictly prohibited. The framing, mirroring, scraping or data mining of the Web Site or any of its content in any form and by any method are strictly prohibited.
12. FEEDBACK AND COMMENTS
All comments or feedback which is solicited by or provided to Fourth FLOOR regarding your experiences with, preferences for, opinion of or suggestions regarding this Web Site or Fourth FLOOR services (collectively, “Feedback”) shall be considered non-confidential and Fourth FLOOR’s property. By submitting such Feedback to Fourth FLOOR, you agree that you assign to Fourth FLOOR, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that Fourth FLOOR shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.
Fourth FLOOR does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Web Site (“Third Party Content”). Any Third Party Content placed on the Site is the view and responsibility of those who post the statements, and do not necessarily represent the views of Fourth FLOOR.
13. GOVERNING LAW AND DISPUTE RESOLUTION
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Fourth FLOOR respects the intellectual property rights of others. If you believe that any content on the Web Site may infringe your copyrights or other intellectual property rights, please provide Fourth FLOOR the written information specified below. Please note that this procedure is exclusively for notifying Fourth FLOOR that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Fourth FLOOR’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Web Site can be reached as follows:
Intellectual Property Agent
10100 Santa Monica Blvd.
Los Angeles, CA 90067
15. OTHER MATTERS