Frederick’s of Hollywood Terms and Conditions of Use
These Terms and Conditions of Use apply to web sites sponsored by Frederick’s of Hollywood (“Frederick’s”), including fredericks.com, ohyesido.com, and certain other web sites of Frederick’s and its affiliates. As used in these Terms and Conditions of Use, “Web Site(s)” means any web site sponsored by Frederick’s or its affiliates. Frederick’s designs its Web Sites 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 these Terms and Conditions of Use, which describe what users of the Web Sites (“User(s)”) can expect from Frederick’s and what Frederick’s expects from Users. By accessing any areas of the Web Sites, Users agree to be legally bound and to abide by the terms set forth below as they may be modified by Frederick’s at any time and posted on the Web Sites. In the event of a violation of these terms and conditions, Frederick’s reserves the right to seek all remedies available in law and in equity.
Frederick’s and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, 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 Users under these terms and conditions or by use of the Web Sites. Misuse of the trademarks displayed on the Web Sites is strictly prohibited. Users are also advised that Frederick’s will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of the Web Sites 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 the Web Sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Web Sites, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Web Sites.
THE WEB SITES ARE 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 WEB SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEB SITES. TO THE FULLEST 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. 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 THE WEB SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB SITES, INCLUDING BUT NOT LIMITED TO, A USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM THE WEB SITES 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 THE WEB SITES. 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.
Proprietary Rights. User acknowledges that the Web Sites contain 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 developed in the future. 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.
Single Copy License. Subject to all provisions in these Terms and Conditions of Use, User may make one copy, by either downloading or copying, of text, photographs, images, video, and audio contained in the Web Sites on a single computer for User’s personal, non-commercial use only. However, any use of the Web Sites, including the downloading or copying of Frederick’s materials from the Web Sites for User’s personal use, will indicate User’s consent and agreement to the terms stated in this notice. No right, title or interest in Frederick’s material downloaded or copied from the Web Sites is conveyed to User 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 Frederick’s material, and this license is subject to the following restrictions:
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.
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 the Web Sites, 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 the Web Sites, 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 the Web Sites 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 the Web Sites 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 the Web Sites. It is the responsibility of User to evaluate the information, opinions, advice, or other Content available through the Web Sites.
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 the Web Sites to either a foreign national or a foreign destination in violation of such laws.
Links. Frederick’s is not responsible for the availability of external sites or resources linked to the Web Sites, 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.
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 section of the Web Sites is prohibited absent express written permission from Frederick’s. Framing the Web Sites with links, advertisements and/or other information not originating from the Web Sites is expressly prohibited.
ONLINE CONDUCT AND SUBMISSIONS
Content of Others. Users only may upload to or otherwise distribute on the Web Sites’ 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. Users will be liable for any damages 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 damages 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 firstname.lastname@example.org. 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 the Web Sites retains any and all rights that may exist in such Content.
Limit on Uses. User agrees to use the Web Sites only for lawful purposes. User is prohibited from posting on or transmitting through the Web Sites 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 the Web Sites. Frederick’s may disclose any Content or electronic communication of any kind under the following circumstances:
Frederick’s reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Web Sites, the communities that make up the Web Sites, or any rights of Frederick’s or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Frederick’s nor the Web Sites’ 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 the Web Sites’ Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Web Sites.
User-Generated Content and License. User may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” User may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. Frederick’s reserves the right (but not the obligation) to remove or edit any such content, but does not regularly review posted content.
All content described in the immediately preceding paragraph and any and all other information, content or materials that User posts or sends to Frederick’s are referred to as “User-Generated Content.” If User posts or sends any User-Generated Content to Frederick’s, intentionally or unintentionally, Frederick’s (and such others as Frederick’s may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, User or anyone else. Frederick’s and its designees also shall have the right (but no obligation) to use the name User submits, as well as any other name by which User is or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, User hereby unconditionally grants to Frederick’s a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to User and with or without attribution (the “User-Generated Content License”). User should not send Frederick’s any material that is not intended to be subject to the User-Generated Content License. User agrees to the User-Generated Content License whether or not User-Generated Content is used by Frederick’s.
User agrees that User-Generated Content will not be subject to any expectation of trust or confidence between User and Frederick’s, and that no confidential or fiduciary relationship is intended or created between User and Frederick’s. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by Frederick’s, User agrees not to enforce or assign, or permit any third party to enforce or assign, any such rights.
TERMINATION OF USAGE
Frederick’s may terminate or suspend any User’s access to all or part of the Web Sites, 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 the Web Sites.
USAGE BY MINORS
Frederick’s cannot prohibit minors from visiting the Web Sites. Frederick’s 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 USER PURCHASES A PRODUCT AT THE WEB SITES, USER IS REPRESENTING TO THE WEB SITES THAT USER IS AN ADULT.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions 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.
These Terms and Conditions of Use represent the entire understanding between User and Frederick’s regarding User’s relationship with the Web Sites and supersedes any prior statements or representations. USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE by using the Web Sites. Frederick’s may terminate, change, suspend or discontinue any aspect of the Web Sites, including the availability of any features of the Web Sites, 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. User’s continued use of the Web Sites after any changes to these terms are posted will be considered acceptance of those changes.
Updated: October 2011