Terms & Conditions
Welcome to Charlie's Jeans's website (the "Site").
The Site, as well as the websites of our affiliates and subsidiaries, are currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "Charlie's Jeans", "we", "us", and "our" refer to Charlie's Jeans, and its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Copyright
You acknowledge that the Site contains information, data, photographs, graphs, videos, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Links
We are not responsible for the content of any sites that may be linked to or from www.charliesjeans.net or any bulletin board associated with Charlie's Jeans. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Charlie's Jeans, and Charlie's Jeans has no control over the content of that other website. In addition, a link to any other web site does not imply that Charlie's Jeans endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Charlie's Jeans of that third party or of any product or service provided by a third party.
Disclaimers and limitations of liability
The Site is provided on an "AS IS," "as available" basis. Neither Charlie's Jeans, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. Neither Charlie's Jeans, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States.Charlie's Jeans specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Charlie's Jeans or its Associates shall create a warranty. You expressly agree that the use of the Site is at your sole risk.
Under no circumstances shall Charlie's Jeans or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Charlie's Jeans records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of Charlie's Jeans has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Site, please refer to the manufacturer or Associates for details.
Online conduct
You agree to use Charlie's Jeans only for lawful purposes. You are prohibited from transmitting through Charlie's Jeans any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), Charlie's Jeans may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Charlie's Jeans; or (iii) to protect the rights or property of Charlie's Jeans, its Associates, and you.
We reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, Charlie's Jeans, the communities that make up Charlie's Jeans, or any rights of Charlie's Jeans or any third party. Notwithstanding the foregoing, neither Charlie's Jeans nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Charlie's Jeans, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on Charlie's Jeans.
Usage by children under 18
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
Applicable law
By visiting the Site, you agree that the laws of the State of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Charlie's Jeans.
Disputes
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Philadelphia, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate Charlie's Jeans intellectual property rights, Charlie's Jeans may seek injunctive or other appropriate relief in any state or federal court in the State of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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Effective as of December 3, 2008
