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Privacy/Legal
Thank you for visiting our Web Site ("Site"). YOU
SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.
Your use of this Site is governed by the following terms of use
("Terms"). If you do not agree with all of these Terms, please exit
this Site now. By using this Site, you agree to comply with, and
be to bound by, these Terms. Betsey Johnson may, from time to time,
change these Terms in its sole discretion. By using this Site after
any such change, you agree to comply with, and be bound by, the
Terms as changed.
COPYRIGHT, TRADEMARK AND OTHER
INTELLECTUAL PROPERTY PROTECTION
Except as otherwise indicated, all materials on this
Site, including, but not limited to, photographs, other images,
illustrations, text, video clips, audio clips and written and other
materials contained in this Site are protected by copyrights, trademarks
and/or other intellectual property rights owned, or used with permission
of their owners, by Betsey Johnson Inc. or its subsidiaries or affiliates.
This Site as a whole is protected by copyright and other intellectual
property rights. All rights are reserved. The name and mark BETSEY
JOHNSON(r), and all other Betsey Johnson-related marks depicted
in this Site, whether registered or unregistered, are trademarks
or service marks of Betsey Johnson America, Inc. in the United States
and of Betsey Johnson. The materials contained in this Site are
displayed for informational and promotional purposes only. This
Site is solely for the private, personal, noncommercial use by its
users. You may not download or copy any materials in this Site except
for your personal noncommercial use. No right, title or interest
in any material or software is transferred to you as a result of
any such downloading or copying. You may not reproduce (except as
expressly set forth above), publish, transmit, distribute, display,
remove, delete, add to, otherwise modify, create derivative works
from, sell or participate in any sale of, this Site, any of the
materials in this Site, or any related software. Any other use of
materials on this Site, including reproduction for purposes other
than those noted above, modification, distribution or republication,
without the prior express written permission of Betsey Johnson is
strictly prohibited.
SUBMISSIONS
You agree that any and all comments, messages, postings,
data, suggestions, creative ideas, designs, concepts, product suggestions
and other items or materials disclosed, submitted or offered to
Betsey Johnson through or in connection with this Site ("Submissions"),
including, but not limited to, survey responses, shall be treated
as non-confidential and not proprietary and shall become, and remain,
Betsey Johnson's property. Such disclosure, submission or offer
of any Submission shall constitute an assignment to Betsey Johnson
of all rights, title and interests in all copyrights and other rights
in the Submission. Betsey Johnson is, and shall be, under no obligation
(i) to maintain any Submission in confidence; (ii) to pay to anyone
any compensation for or in connection with the use of any Submission;
or (iii) to respond to any Submission. You represent and warrant
that no Submission by you will violate any right of any third party,
including, but not limited to, copyright, trademark, patent, trade
secret, privacy or other personal or proprietary right. By making
any Submission through, in connection with or related to this Site,
you agree that Betsey Johnson has the right (but not the obligation)
to copy, publish, distribute or use such Submission, or any part
or parts thereof, for any purpose, including, but not limited to,
advertising, promotional, product development or other commercial
purposes, without compensation to you or to any other person. Betsey
Johnson does not, cannot and does not agree to consider or review
every Submission, and is not liable or responsible for the content
of any material posted on this Site by users. You agree not to upload,
post, distribute or otherwise publish on this Site any material
that (i) is libelous, defamatory, obscene, abusive, pornographic,
threatening or an invasion of privacy; (ii) infringes the intellectual
property rights, including, but not limited to, any copyright, patent,
trade secret or trademarks, of any person or entity; (iii) is illegal
in any way or advocates illegal activity; or (iv) advertises or
solicits funds, goods or services. You are and shall remain solely
responsible for the content of any Submission you make.
LINKS
This Site may contain links to other sites. Betsey
Johnson is not responsible for the availability of, or any content
or material contained in, or obtained through, any such sites. Any
link to another site, and reference to third-party information,
products or services linked to this Site, is not, and should not
be construed as, an express or implied endorsement by Betsey Johnson.
Any questions or comments relating to such other sites should be
addressed to the operator or operators of those sites.
PRODUCTS
The BETSEY JOHNSON(r) products depicted in this Site
are representative of the Betsey Johnson collection. Not all BETSEY
JOHNSON(r) products are shown in this Site. Not all BETSEY JOHNSON(r)
products that are shown in this Site are, or will be, available
at all Betsey Johnson stores. The style, designs and colors of the
BETSEY JOHNSON(r) products shown in this Site may be changed without
notice.
DISCLAIMER
Material in this Site may contain inaccuracies or
typographical errors. Betsey Johnson shall not be liable or responsible
for any loss or damage caused by or arising from any user's reliance
on information obtained from or through this Site. It is your responsibility
to evaluate the information and other content available through
this Site. This Site and the information and materials contained
in this Site are subject to change at any time, and from time to
time, without prior or subsequent notice.
NO WARRANTIES
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BETSEY JOHNSON MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS
PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS
AND WARRANTIES. BETSEY JOHNSON DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR
UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS
WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE
THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT BETSEY JOHNSON
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER
ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BETSEY JOHNSON BE LIABLE FOR ANY
ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN
IF BETSEY JOHNSON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER
ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE,
INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND
MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to defend, indemnify and hold harmless Betsey
Johnson, its affiliates and their officers, directors, employees
and shareholders from and against any and all claims, damages, losses,
costs and expenses, including, but not limited to, reasonable attorneys'
fees and court costs, arising from or related to your use of this
Site.
MISCELLANEOUS
These Terms and your use of this Site shall be governed
under the laws of the State of New York, without regard to its conflict
of law principles. Any dispute arising under these Terms or out
of your use of this Site shall be resolved exclusively by the state
and federal courts of the State of New York, County of New York
and/or the Southern District of New York. By using this Site, you
hereby agree to the personal jurisdiction of, and venue in, such
courts.
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