NYDJ Terms of Service
Revised June 2018
These Terms of Service (these "Terms") apply to the NYDJ website and our related social media sites, including Facebook, Instagram, Twitter and Youtube (collectively, the "Site") operated by NYDJ Apparel, LLC ("Us", "We" or "Our") and the services available through the Site (the "Service").
The Service is available to users who are at least 18 years of age. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. All measurements, weights, colors and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be incomplete, inaccurate or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Site; Copyright
The design of this Site and all text, graphics, photographs, information, designs, logos, content, and other material displayed on or that can be downloaded from this Site are either the property of, or used with permission by, NYDJ; are protected by U.S. and international copyright, trademark and other laws, treaties and conventions; and may not be used except as permitted by these Terms of Service or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way or reproduce, copy, download, stream or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of NYDJ or our software suppliers and is protected by U.S. and international copyright laws, treaties and conventions. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of NYDJ or our affiliates, including, among others, NYDJ, the NYDJ Icon, NOT YOUR DAUGHTER’S JEANS, LIFT TUCK TECHNOLOGY and its Design, TUMMY TUCK and the Criss-Cross Design, Sure Stretch®, Future Fit Denim®, Super Sculpting, Smart Embrace™ and Cool Embrace® Denim. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without our written permission or the written permission of such third party owner.
Linking to this Site
Creating or maintaining any link from another Web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
Third Party Links
From time to time, this Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
In addition to the foregoing, you may not post or transmit in connection with this Site any material that:
- 1. YOU do not have the right to post, including proprietary material of any third party;
- 2. Would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
- 3. Consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
- 4. Advocates illegal activity or discusses an intent to commit an illegal act;
- 5. Is abusive, vulgar, obscene, pornographic, or indecent;
- 6. Does not pertain directly to this Site;
- 7. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- 8. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- 9. Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- 10. Violates any law or may be considered to violate any law;
- 11. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- 12. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- 13. Solicits funds, advertisers or sponsors;
- 14. Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- 15. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- 16. Includes MP3 format files;
- 17. Amounts to a "pyramid" or similar scheme;
- 18. Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
- 19. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above;
- 20. Engages in deep-linking, in-line linking, mirroring or framing of any content of the Site without our prior express, written permission;
- 21. Engages in systematic retrieval of data or other content from this Site or any of its content to create or compile, directly or indirectly, a collection, compilation, or directory without our written permission by use of scrapers or other tools,
- 22. Violates the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- 23. Takes any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
- 24. Uses this Site to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider; or
- 25. Engages in any other activity deemed by us to be in conflict with the spirit or intent of these Terms and Conditions.
We actively encourage and request that you submit testimonials relating to your personal experiences with NYDJ apparel or this Site (a "Testimonial"). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration, to the use of your likeness, voice, name (limited only to your first name, first initial of last name, city and state) and/or any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing/sales print advertising, or Web site content including, without limitation, this Site, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet. You specifically agree that any Testimonial may be reproduced orally using a third party. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial. This Testimonial consent supersedes and replaces any and all prior or contemporaneous agreements, understandings or arrangements, whether oral or written, previously made between the parties regarding, and constitutes the entire understanding of the parties with respect to, any Testimonial. This Testimonial consent may not be modified, changed, altered or amended except by written agreement of both parties. We reserve the right to use persons other than the person submitting the Testimonial to vocalize or act out a Testimonial or to create its own Testimonial based on adaptations or compendiums of Testimonials.
Copyright Infringement and DMCA Policy
NYDJ respects the intellectual property rights of others, and requests that users of the NYDJ Site and Service do the same. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the NYDJ Site are the property of NYDJ or other NYDJ users.
If You believe that Your work has been copied on the Site in a way that constitutes copyright infringement, please provide NYDJ's Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is NYDJ's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If You are concerned about the removal of or blocked access to your content, please provide NYDJ's 's Copyright Agent with a “Counter-Notification.” The process specified below is consistent with that provided under the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov.
DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If You would like to submit a claim of copyright infringement, please substantiate each claim by sending NYDJ's registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:
Detail of what an effective Notification of Alleged Infringement must include is available at the U.S. Copyright Office Website at http://www.copyright.gov .
If You elect to submit a Counter-Notification, please send the NYDJ registered Copyright Agent a Counter Notification at the email or mailing address below:
Detail of what an effective Counter-Notification must include is available at the U.S. Copyright Office Website at http://www.copyright.gov .
YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site or your downloading of any materials, from this Site.
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, OR ASSIGNS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
Revisions to these Terms of Service
We may revise these Terms of Service at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Service because they are binding on you. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Choice of Law; Jurisdiction
These Terms of Service supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Service will be governed by and construed in accordance with the State and Federal laws of the State of California, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Service shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree to defend, indemnify and hold NYDJ, and our directors, officers, employees, agents, successors and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (a) your use of this Site, including any data or information transmitted by received by you; and (b) any unacceptable use of this Site, including any statement, data or content made, transmitted or republished by you which is prohibited by these Terms and Conditions.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department