Terms and Conditions of Use of Wear To Click.
The following Terms and Conditions (the “Terms and Conditions”) govern your use of this website or applications provided to you by Wear To Click or one of its affiliates, and any content made available from or through this website, including any sub-domains thereof, or applications (“Website”). Wear To Click (“Wear To Click,” “us” “we” or “our”) may change the Terms and Conditions from time to time, at any time, without notice to you, by posting such changes on the Website. By using the Website, you accept and agree to these Terms and Conditions as applied to your use of the Website. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
1. Proprietary Rights
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website, all content, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark right, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
All individual articles, blogs, videos, content and other elements comprising the Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
2. Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are our registered and unregistered Trademarks or those of others, and these marks may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, in any manner that is likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.
4. Submitted Materials
By submitting or sending any information, creative works, demos, ideas, suggestions, concept, methods, systems, designs, plans, techniques or other materials (“Submitted Materials”) to us, you grant us and our affiliates, agents and third party contractors the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right to display or publish such content on the Website and our affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, to distribute such content, to use such content for promotional and marketing purposes, and to authorize such content to be distributed or syndicated to or published on other Wear To Click-branded environments.
You shall be solely responsible for your Submitted Materials and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (2) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (2) publish falsehoods or misrepresentations that could damage us or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (4) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice.
5. Discontinuance or Suspension of the Website and/or Termination of Use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that Wear To Click shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to the Website for any reason, to take any other actions that Wear To Click, in its sole discretion, believes to be in the interest of our company and of our users, and to delete or destroy any Submitted Material at any time.
6. Prohibited Conduct
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website.
You shall not: (1) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (2) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (3) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (4) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (5) use the Website or the Website’s services in violation of any applicable law.
You agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
You further agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (1) restrict or inhibit any other user from using and enjoying the Website or the Website’s services, (2) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (3) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (4) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (5) contain a virus, spyware, or other harmful component, (6) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (7) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
7. Third Party Websites
You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on our Website does not imply our endorsement, sponsorship, or recommendation of that site. Wear To Click disclaims any liability for links (1) from another website to the Website and (2) to another website from the Website. Wear To Click does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. Website Disclaimer
The Website is intended for entertainment purposes only. Wear To Click does not represent that the content, materials, and any other information on the Website are true, accurate or complete.
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Wear To Click. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Wear To Click is not undertaking any obligation or liability relating to the content. Wear To Click and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Wear To Click and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Wear To Click reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
The content, materials, and any other information on the Website is not intended to constitute or be a substitute for any legal, professional, medical or other health care advice and may not be used for any such purposes. Your use, access, or browsing of the Website is performed at your own risk. The information, content, and materials from, in or through the Website are provided “as-is,” “as available,” and “with all faults.”
9. Warranty Disclaimer
Wear To Click makes no representation of any kind, whether expressed or implied, including but not limited to, implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You acknowledge that any warranty in connection with any product or service offered on the Website is solely provided by the manufacturer or supplier of that product or service. For warranty information and/or assistance, please contact the manufacturer or supplier.
Without limitation of the above, we and our affiliates make no warranties or representations regarding any product or services ordered or provided via the Website, and hereby disclaim, and you hereby waive, any and all warranties and representations made in any product or services literature.
10. Product Description/ Images
The product descriptions and images on the Website are for quick references only and should not be relied upon by you for any purpose. Wear To Click is not responsible for changes or variations in product specifications and/or physical appearance. Wear To Click relies on the manufacturer and/or supplier to communicate these differences. Accordingly, such information is for your reference only and should not be relied upon by you for any purpose.
You agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Limitation of Liability
In no event, including but not limited to negligence, shall we, our affiliates, or any of our directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use, or inability to use, the Website or the content, materials and functions related thereto, your provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person through the Website. In no event shall the total aggregate liability of the Protected Entitles to your for all damages, losses and causes of action, arising from the terms and conditions or your use of the Website exceed, in the aggregate, the amount, if any, paid by you to us for your use of the Website or purchase of products via the Website.
Persons who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Arbitration Agreement
Any dispute that may arise relating to your use of the Website will be resolved by binding arbitration. In arbitration, the dispute will be decided by a neutral arbitrator and you and we agree to waive the right: to a jury trial; to conduct pre-trial discovery and other court procedures; and to initiate or participate in either a class action lawsuit or class-wide arbitration. The term dispute is given its broadest possible meaning and includes any claims or disagreements concerning (i) these Terms and Conditions, (ii) any feature or component of the Website, (iii) any information contained on the Website, and (iv) your use of the Website. This Arbitration Agreement will apply even if your account is closed.
14. Changes to this Terms and Conditions
Wear To Click reserves the right, at our discretion, to change, modify, add, or remove portions from these Terms and Conditions at any time. Your continued use of the Website following the posting of any changes to these Terms and Conditions constitutes your consent to such changes.
If you have any questions or suggestions regarding these Terms and Conditions, please send your communication to:
Wear To Click
c/o The Management Group
9100 Wilshire Boulevard, Suite 400W
Beverly Hills, California 90212