Frederick's of Hollywood - Frederick's of Hollywood

Frederick's Help Section

Terms and Conditions of Use

Welcome to fredericks.com, the web site of Frederick’s of Hollywood (“Frederick’s”). The goal of this web site is to provide access to the best assortment of special and intimate occasion products and services to the largest group of people possible. To insure a safe, non-offensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of fredericks.com, users (“Users”) agree to be legally bound and to abide by the terms set forth below, as they may be modified by us at any time and posted on this web site. In the event of a violation of these terms and conditions, we reserve the right to seek all remedies available in law and in equity.

I. TRADEMARKS
Frederick’s and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade tress, and all associated logos or images, are registered and/or common law trademarks of Frederick’s or its affiliated companies, and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of fredericks.com. Your misuse of the trademarks displayed on fredericks.com is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of fredericks.com is at User’s sole risk. Neither Frederick’s nor its affiliates, nor any of their respective officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that fredericks.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of fredericks.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through fredericks.com.

THIS SITE IS PROVIDED BY FREDERICK’S ON AN “AS IS”AND “AS AVAILABLE” BASIS. FREDERICK’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FREDERICK’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FREDERICK’S WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FREDERICK’S OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall Frederick’s or any other party involved in creating, producing, or distributing fredericks.com be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of or inability to use fredericks.com, including but not limited to, a User’s reliance on any information obtained from fredericks.com or that result from mistakes, omissions, interruptions, deletion of files or email, 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 Frederick’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through fredericks.com. 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.

III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that fredericks.com contains information, data, software, photographs, graphs, videos, typefaces, 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 Frederick’s owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User 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.

b. SINGLE COPY LICENSE
Subject to all provisions herein, you may make one copy, by either downloading or copying, of text, photographs, images, video, and audio contained in this site on a single computer for your personal, non-commercial use only. However, any use of fredericks.com, including the downloading or copying of our materials from this web site for your personal use, will indicate your consent and agreement to the terms stated in this notice. No right, title or interest in our material downloaded or copied from this web site is conveyed to you as a result of any such downloading or copying, and such downloaded or copied material may not be used for any commercial purpose. This is a license, not a transfer of title to our material, and such license is subject to the following restrictions:
a.   you may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, sell, rent, or otherwise exploit this web site or any of its contents without our prior written permission;
b.   you may not post, upload, display or otherwise transmit our materials to another web site, including but not limited to, any personal or commercial web sites; and
c.   you agree to prevent any unauthorized copying of our materials.
If no specific restrictions are displayed, Users may make one copy of select portions of the Content, provided that the one copy is made only for User’s personal, non-commercial use and that User maintains 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), User 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. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

c. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on fredericks.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Frederick’s nor its affiliates, nor any of their respective officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report infringement to corrections@fredericks.com. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted Frederick’s the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on fredericks.com retains any and all rights that may exist in such Content.

d. THIRD-PARTY CONTENT
Frederick’s is a distributor and not a publisher of Content supplied by third parties and Users. Frederick’s has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of fredericks.com, are those of the respective authors or distributors and not of Frederick’s or its affiliates or any of their respective officers, directors, employees, or agents. Neither Frederick’s nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of fredericks.com, guarantees the accuracy, completeness, or usefulness of any Content, or its merchantability or fitness for any particular purpose. In many instances, the Content available through fredericks.com represents the opinions and judgments of the respective Provider or User not under contract with Frederick’s. Frederick’s neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on fredericks.com by anyone other than authorized Frederick’s employees. Under no circumstances shall Frederick’s or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through fredericks.com. It is the responsibility of User to evaluate the information, opinions, advice, or other Content available through fredericks.com.

e. EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from fredericks.com to either a foreign national or a foreign destination in violation of such laws.

f. LINKS
Frederick’s is not responsible for the availability of external sites or resources linked to this site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Frederick’s shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

g. IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text, Frederick’s has a no-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any fredericks.com web page is prohibited absent express written permission from Frederick’s. Framing the fredericks.com web site with links, advertisements and/or other information not originating from the fredericks.com web site is expressly prohibited.

IV. ONLINE CONDUCT
User agrees to use fredericks.com only for lawful purposes. User is prohibited from posting on or transmitting through fredericks.com 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 Frederick’s is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Frederick’s may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from fredericks.com. Frederick’s 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 fredericks.com; or
iii.   to protect the rights or property of Frederick’s or fredericks.com Users or Providers.
Frederick’s reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, fredericks.com, the communities that make up fredericks.com, or any rights of Frederick’s or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Frederick’s nor fredericks.com Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Frederick’s nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor fredericks.com Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on fredericks.com.

V. PRIVACY POLICY
In accordance with the terms of fredericks.com’s Privacy Policy, Frederick’s respects the privacy of its Users.

VI. TERMINATION OF USAGE
Frederick’s may terminate or suspend any User’s access to all or part of fredericks.com, without notice, for any conduct that Frederick’s, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or fredericks.com.

VII. USAGE BY MINORS
Frederick’s cannot prohibit minors from visiting this site. fredericks.com must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for such children to view. Frederick’s requires that all purchases be made by an adult. EACH TIME YOU PURCHASE A PRODUCT AT FREDERICKS.COM, YOU ARE REPRESENTING TO FREDERICKS.COM THAT YOU ARE AN ADULT.

VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

IX. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and Frederick’s regarding your relationship with fredericks.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the fredericks.com web site. Frederick’s may terminate, change, suspend or discontinue any aspect of this web site, including the availability of any features of the web site, at any time and without notice. Frederick’s also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Frederick’s may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this web site after any changes to these terms are posted will be considered acceptance of those changes.