Terms of Use General The ICONIXBRAND.COM web site is operated and
maintained by Iconix Brand Group, Inc. (“Iconix”). By visiting and
using the ICONIXBRAND.COM web Site (our or the “Site”), you agree
to the following Terms of Use (the “Policy”). We encourage you to
read this Policy carefully and to contact us if you have any
questions. Also, because it may be necessary for us to make changes
to the Policy from time to time, you should review the Policy
regularly. By visiting and using the Site after we have posted
changes, you agree to follow and comply with the changes. In
addition, please note that your use of certain services on the Site
may be governed by rules that are not specifically set forth in
this Policy. These rules will be made available to you on the page
or pages associated with these services. By using our Site and any
of these services, you acknowledge that you have reviewed all
corresponding rules and agree to be bound by them. Linking and
Third Party Sites Our Site contains links to other web sites. If
you link to another web site from our Site, you will leave our Site
and this Policy will not apply. Please make sure that you read and
are familiar with the legal notices posted on any web site linked
to our site including all privacy policies. The links on our Site
should not necessarily be construed as an endorsement of the
associated sites or any content displayed at the sites. We cannot
and shall not have any responsibility or liability for your visit
to and use of these other web sites. Sweepstakes and Contests From
time to time, we may offer and/or co-sponsor contests, sweepstakes,
and games on the Site. Each of these activities shall be governed
by specific rules accessible from the pages of the Site offering
the promotion. Submissions; Site Conduct From time to time, you may
have the opportunity to post, transmit or otherwise make available
information, opinions, ideas, images or other content on the Site.
By posting, transmitting or sending us any material or content, you
agree to grant to us an irrevocable, royalty-free, perpetual,
sub-licensable, assignable, non-exclusive right and license
throughout the world to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, digitally
perform, publicly perform and display the material or content
and/or incorporate the material or content in other works in any
form, media or technology now known or later developed, for any
purpose whatsoever, commercial or otherwise, without either (i)
compensation to you or (ii) your prior approval. By submitting or
sending content or material to the Site you also represent and
warrant that (i) the content and material is original to you, (ii)
no other party has any rights to the content or material, (iii) the
content and material is not subject to any obligation of
confidentiality, attribution or otherwise and that we shall not be
liable for any use or disclosure of the content or material and
(iv) any so-called “moral rights” associated with the content or
material have been waived. You may not post or transmit or send to
us any material or content that (i) violates or infringes in any
way upon the rights of others or which is otherwise unlawful,
threatening, abusive, harassing, defamatory, libelous, derogatory,
obscene, bigoted or hateful; (ii) contains viruses, worms, time
bombs, Trojan horses, or other harmful or disruptive components;
(iii) is or could be construed to be spam mail or any robot,
spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, “data mine,” or in
any way reproduce or circumvent the navigational structure or
presentation of the Site or its contents. In addition, you may not
engage in any activity on the Site that restricts or inhibits any
other user from using or enjoying the Site by means of “hacking,”
“cracking,” “spoofing,” or defacing any portion of the Site. We
shall have the right in our sole discretion to edit, refuse to post
or to remove any material submitted to or posted on our Site that
we find to be in violation of this Policy or that we otherwise find
objectionable or inappropriate for any reason in our sole
discretion. You shall be solely responsible and liable for any and
all damages resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from any uploading,
posting or submission of your content on the Site. Copyright and
Trademarks Our Site and the contents of the Site are intended for
your personal, noncommercial use. Iconix and some third parties are
the owner of (or have the right to use) trademarks, trade names and
trade dress appearing on the Site. The ICONIX mark and all other
trademarks, trade names and trade dress appearing on the Site may
not be used without obtaining written consent from Iconix or the
owner thereof. The Site contains copyrighted material, including,
without limitation, text, software, photos, audio and video clips,
graphics, illustrations, images, logos, and music and sound. This
Site is protected by copyright as a collective work, pursuant to
U.S. copyright laws, international conventions, and other copyright
laws. Iconix and third party content providers also own (or have
the right to use) copyrights in the content original to them. You
may not reproduce, publish, adapt, transmit, participate in the
transfer or sale, exhibit, distribute, display, reverse engineer,
decompile, dissemble, perform, create derivative works from, or in
any way exploit any of the content on the Site, in whole or in
part, without our prior written consent. Permissions If you are
interested in reproducing any content on our Site, you will need
our permission. To request permission, please contact: Maria
Dolgetta
Senior Public Relations Manager
Iconix Brand Group, Inc.
1450 Broadway, 4th Floor
New York, NY 10018
Tel.: (212)
730-0030
Fax: (212) 391-2057
email: mdolgetta@iconixbrand.com
Disclaimer of Warranty; Limitation of Liability YOU UNDERSTAND AND
AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND
THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW. YOU
SPECIFICALLY ACKNOWLEDGE THAT ICONIX, ITS PARENT, SUBSIDIARIES,
AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS,
THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF
ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE
SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF WE OR SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ICONIX
NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY
OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY
ANYONE. UNDER NO CIRCUMSTANCES WILL ICONIX BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
Indemnification You agree to defend, indemnify, and hold harmless
Iconix, its affiliates and related companies, and their respective
directors, officers, employees, owners, licensors, licensees, and
agents from and against all claims, damages, losses, costs and
expenses, including reasonable attorneys' fees, arising from your
use of the Site, any services related to the Site or any linked
site. Miscellaneous This Policy and any operating rules for the
Site established by us constitute ours and your entire
understanding with respect to the use of the Site. We control
and/or operate the Site from offices in the United States of
America. We do not represent that materials on the Site are
appropriate or available for use in other locations. Persons who
choose to access this Site from other locations do so on their own
initiative and at their own risk, and are responsible for
compliance with local laws, if and to the extent local laws are
applicable. This Policy shall be construed in accordance with the
laws of the State of New York, without regard to its conflict of
laws rules. You agree to personal jurisdiction by the federal and
state courts located in New York County, New York State. No waiver
by use of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. You agree
that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Site must
be filed within one (1) year after such claim or cause of action
arose or be forever barred. If any provision of this Policy is
found to be unenforceable for any reason, than that provision shall
be deemed severable from the Policy and shall not affect the
validity and enforceability of any remaining provisions. Read
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