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Poetic Justice Jeans Terms and Conditions
Welcome to Poeticjusticejeans.com (the “Website”). You understand that your use of this website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms and Conditions” link that appears at the bottom of the Website. We may also offer other services from time to time that are governed by different and/or additional terms and conditions. For example, when you become a member of Poeticjusticejeans.com, your customer relationship with us is also governed by the Account Agreement with Poetic Justice, amended from time to time and always accessible on the Website.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms govern your use of the Site, and by using the Site, you agree to the Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use this Site. By using the Website and thereby accepting the Terms and Conditions, you agree to be bound by such modifications, alterations, or updates of Terms and Conditions.
Website Access – With the exception of applications commonly known as Web Browser software, or other applications formally approved by Poetic Justice in writing, you agree not to use any software, program, application or any other device to access or log on to Poetic Justice computer systems, Website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Poetic Justice computer systems, Website or proprietary software. Poetic Justice is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Website in particular.
You agree that you will not: 1) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; 2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website o any transaction being conducted on either; 3) take any action that imposes an unreasonable or disproportionately large load of on our infrastructure; or 4) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the Website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Poetic Justice and our affiliates without express written consent. You may not use Poetic Justice’s name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Poetic Justice in any Meta tags, “hidden text”, information used by search engines or other information tools to identify Website without the express written consent of Poetic Justice.
Product Descriptions & Other Website Information – the Website may make available certain date, research, statistics, news, stories, articles, photos, opinions or other information that it has prepared itself or that has been independently collected by other services and individuals, including news wires, statistics providers, journalists, authors and other providers. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through Poeticjusticejeans.com, the information providers or any other third party transmitting the Information.
You agree that neither Poetic Justice, the Information Providers not the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Poetic Justice, and the Information Providers, nor the Information Transmitters will be liable in any way for the interruption of any data, information or other aspect of the Website. You understand that none of the Information available through the Website constitutes a recommendation or solicitation to take or not to take any particular action.
Poetic Justice does not warrant that product descriptions on the Website are accurate, compete, reliable, current or error-free. If a product offered by Poetic Justice itself is not as described, your sole remedy is to return it promptly in unused condition.
Testimonials- testimonials are all true, reflect the opinions and experiences of real users and customers of Poetic Justice, and are submitted to Poeticjusticejeans.com voluntarily. If you would like to submit a testimonial to Poetic Justice, you agree that it becomes the exclusive property of Poetic Justice, which for example includes the rights to reproduce, edit (for length but not general content), and /or publish the testimonial, which may include your name or initials and city/state/country of residence, some customers that have submitted testimonials may have received a Poetic Justice product or service as a “thank you” in appreciation for the time they invested to write or record their testimonials. Thank you.
Communications– the Website may permit you to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable an does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Poetic Justice reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Poetic Justice and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Poetic Justice and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Poetic Justice or its affiliates for all claims resulting from content you supply. Poetic Justice has the right but not the obligation to monitor and edit or remove any activity or content. Poetic Justice takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing Poetic Justice is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Poetic Justice for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Termination You agree that Poeticjusticejeans.com, in its sole discretion, may terminate your use of the Website and remove and discard your User Content if Poeticjusticejeans.com believes that you have violated or acted inconsistently with the letter and spirit of these Terms and Conditions or for any other reason. Poeticjusticejeans.com may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that Poeticjusticejeans.com may bar any further access to the Website. Further, you agree that Poeticjusticejeans.com shall not be liable to you or any third-party for any termination of access to the Site
Violations – please report any violations of these Terms and Conditions to the system administrator at info@Poeticjusticejeans.com
Other businesses and links – Parties other than Poeticjusticejeans.com and its subsidiaries may operate stores, provide services or sell product lines on this site. In addition, Poeticjusticejeans.com may provide a link to other services or sites as part of the Website. Such sites are not under the control of Poeticjusticejeans.com and Poeticjusticejeans.com makes no representations or warranties whatsoever of the offerings of, any of these Websites, businesses or individuals or the content of their Websites. Unless we expressly state otherwise, the fact that Poeticjusticejeans.com has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Poeticjusticejeans.com or any other landing page so long as the link does not portray Poeticjusticejeans.com, their affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use the Poeticjusticejeans.com or Poeticjusticejeans.com logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the list to Poeticjusticejeans.com in any way that suggests Poeticjusticejeans.com has any relationship or affiliation with your site or endorses sponsors or recommends the information, products or services on your site.
DISCLAMERS OF WARRANTIES AND LIMNTATIONS – THIS WEBSITE IS PROVIDED BY POETICJUSTICEJEANS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. POETICJUSTICEJEANS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATIONS OF THESE WEBSTES OR THE IMFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POETICJUSTICEJEANS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMLIED, INCLUDING, BUT NOT LINITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. POETICJUSTICEJEANS.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SEVICES, OR EMAL SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POETICJUSTICEJEANS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBISTE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIEDD WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification – you agree to indemnify and hold Poeticjusticejeans.com and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys’ fees, made by any third party arising out of your violation of these Terms and Conditions
Intellectual Property Rights
All of the content, arrangement and layout of the Website, including but not limited to, any trademarks, service marks, product names, package designs, text, art work, graphics, images, buttons, screenshots, music, digitally downloadable files, and other content or copyrightable material, and the compilation of the foregoing (collectively, the "Content") are the sole and exclusive property of Poeticjusticejeans.com. The Website also contains valuable trademarks and service marks owned and used by Poeticjusticejeans.com including but not limited to, Poetic Justice the Poeticjusticejeans.com design logo, and the tag line "jeans that fit you" (collectively, the "Poeticjusticejeans.com marks"). All other trademarks, product names and company names or logos used on the Website are the property of their respective owners. Any use of the Content or Poeticjusticejeans.com Marks - without the prior written permission of Poeticjusticejeans.com - is strictly prohibited and may violate civil or criminal laws, including but not limited to, copyright laws, trademark laws, and the laws of privacy and publicity.
Modification to the Website – Poeticjusticejeans.com reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without notice. You agree that Poeticjusticejeans.com will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
Governing law/severability – These Terms shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Agreement to arbitrate controversies – any dispute relating in any way to your visit to the Website or to products you purchase through the Website or by phone shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate Poeticjusticejeans.com intellectual property rights, Poeticjusticejeans.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, 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 proceeding or otherwise.
Notifications of Copyright Infringement
Poeticjusticejeans.com recognizes and respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Poeticjusticejeans.com and/or others.
If you are a copyright owner or an agent thereof and believe that any of the content of the Website infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing written notice to our designated copyright agent ("Designated Copyright Agent") containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Vibes Base Enterprises, Legal Department
Poetic Justice Division
9328 Telstar Ave.
El Monte, CA 91731