Product Information, Accuracy, and Delivery
Ownership & License
You understand and agree that the Site is owned by Pret-A-Porter, and that you shall have no ownership right, title, or interest in and to the Site or any of the software / source code or intellectual property on which the Site is based. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice in or on the Site. Furthermore, you agree not to circumvent, reverse engineer, or modify, any of the technical controls, protections, or components of the Site.
You understand and agree that the marks, names, slogans, and/or logos (“Marks”) and content appearing in or on the Site are the sole and exclusive property of Pret-A-Porter or our partners or licensors. You have no right to use any such Marks or content without the prior written consent of Pret-A-Porter or the partner or licensor that owns the relevant Mark or content.
Use of and Comments to Material
If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate Site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting us: email@example.com
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision. As discussed more completely in the Disclaimer of Warranties section of this Agreement, Pret-A-Porter and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.
User Generated Content
From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Pret-A-Porter, Pret-A-Porter’s joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, “Pret-A-Porter’s Party”) a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Pret-A-Porter Parties may or may not earn or generate through its use of your Submission.
Pret-A-Porter Parties’ Right to Use Your Submission. You grant the Pret-A-Porter Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the Pret-A-Porter Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Pret-A-Porter Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
Clearance of Your Submission for the Pret-A-Porter Parties’ Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Pret-A-Porter Parties’ use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the “Elements”). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Pret-A-Porter Parties use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by Pret-A-Porter Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that Pret-A-Porter Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Pret-A-Porter Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.
Community and Social Media Sites, Chat Rooms, Forums, and Blogs
Pret-A-Porter wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on Pret-A-Porter community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Pret-A-Porter. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy sceptical and your own good judgment.
Responsibility for what is posted on Pret-A-Porter community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user. You alone are responsible for material you post. Pret-A-Porter does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.
By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
Our Use of Materials
With the exception of any and all Submissions (Pret-A-Porter permitted use of which is discussed above) and any material posted on Pret-A-Porter community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Pret-A-Porter and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on Pret-A-Porter community and social media sites, you are granting to Pret-A-Porter, and to anyone authorized by Pret-A-Porter, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Pret-A-Porter community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Pret-A-Porter, and anyone authorized by Pret-A-Porter, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Pret-A-Porter deems appropriate.
The materials available through the Site are the property of Pret-A-Porter or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on the Site, and to tell them how to find it.
We welcome links to the Site. You are usually free to establish a hypertext link to any publicly available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by Pret-A-Porter. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.
No Soliciting or Spamming
You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for commercial or illegal purposes, such as sending unsolicited or unrequested email or instant messages.
Without the prior written permission of Pret-A-Porter, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Pret-A-Porter or any of their licensors into another website or other service.
Trademarks & Other Intellectual Property
We don’t want anyone to be confused as to which materials and services are provided by Pret-A-Porter and which are not. You may not use any trademark, service mark, copyright-protected image, or other intellectual property appearing on or available through the Site without the prior written consent of the owner.
Disclaimer of Warranties
THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, PRET-A-PORTER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE AS WELL AS CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSONMOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability
We have no liability whatsoever for the results of submissions of information or requests to this Site or by means of this Site. UNDER NO CIRCUMSTANCES SHALL PRET-A-PORTER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF PRET-A-PORTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
Access and Interference
Much of the information on the Site is updated on a real time basis. By using the Site, you agree not to:
Links to Other Websites
Pret-A-Porter is not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party websites. Third party websites that are accessed through links on our websites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use and store information. Additionally, Pret-A-Porter is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Pret-A-Porter or its licencors.
Choice of Law
Assignment of the Agreement
Pret-A-Porter enters into this Agreement on its own behalf and on behalf of each of its affiliates. Accordingly, Pret-A-Porter holds the benefit of and may enforce this Agreement on behalf of those affiliates. Pret-A-Porter reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.
Please contact Pret-A-Porter: firstname.lastname@example.org for any inquiries.