Terms of Use
Last modified: 12th May 2010
Please read the following terms and conditions (the "Terms of Use") carefully before using the artstars.polojeans.com website (the "Website"). By accessing the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this site.
This Website is operated by U-Dox Brand Development Limited on behalf of Polo Ralph Lauren Europe Sarl ("Polo Ralph Lauren"), a company registered in Switzerland with company number CH-660-0313003-0, with a registered office at 8, Ch. de Blandonnet, CH – 1214, Vernier. Our VAT number is 561 378.
In these Terms of Use the terms "we", "us" and "our" refer to Polo Ralph Lauren and "you" refers to you, the visitor to the Website.
Ownership of Website Materials
You acknowledge and agree that Polo Ralph Lauren or its affiliates (or their licensors) own all legal right, title and interest in and to all content on this Website, including any intellectual property rights which subsist in all content on this Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). All content on this Website including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software ("Website Material") is owned by or licensed to Polo Ralph Lauren or its affiliates and is protected by copyright, trade mark and other applicable laws. Your use of the Website does not entitle you to any intellectual property rights or any other rights in the Website Material, other than the limited rights of use granted to you pursuant to these Terms of Use.
All trade names, trade marks, logos, service marks, domain names and other distinctive brand features displayed on this Website are registered and/or unregistered trademarks of Polo Ralph Lauren, its affiliates (including without limitation Ralph Lauren Media LLC and Polo Ralph Lauren Corporation), their respective licensors or content providers, or other third parties. All of these trade names, trade marks, logos, service marks, domain names and other distinctive brand features are the property of their respective owners. Nothing on this Website shall be construed as granting any licence or right to use any trade name, trade mark, logo, service mark, domain name or other distinctive brand features displayed on the Website without the owner’s prior written permission, except as otherwise described in these Terms of Use. Polo Ralph Lauren and its affiliates reserve all rights not expressly granted in and to the Website and the Website Material.
Your use of the Website
You may access, copy, download and print the Website Material for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Material. Any other use of the Website Material is strictly prohibited (including but not limited to the modification, distribution, transmission, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale, or the creation of derivative works from Website Material). You may not use the Website or the Website Material for any commercial purpose whatsoever.
You may not use contact information provided on the Website for unauthorized purposes, including marketing. You agree not to interrupt or to interfere with, or attempt to interrupt or interfere with, the operation of the Website in any way – including through the use of any hardware or software intended to damage or interfere with the proper working of the Website - or to intercept any data (including personal information) transmitted via the Website.
Polo Ralph Lauren reserves the right to limit or terminate your access to, or use of, this Website if you breach these Terms of Use or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which Polo Ralph Lauren may be entitled, at law or in equity.
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Website. You may not use this Website to upload, distribute or otherwise publish any material that:
- infringes any rights of third parties, including without limitation their intellectual property rights;
- breaches any applicable local, national or international law or regulation;
- is fraudulent, or has any fraudulent purpose or effect;
- is contrary to public policy and/or accepted moral standards, including without limitation: pornographic or sexually explicit images; obscene or offensive messages; material which is defamatory or libelous of any person or which is invasive of their privacy or publicity rights; material harmful to minors; material likely to incite crimes or offences; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material promoting computer piracy or any other criminal offence; anything likely to harass, upset, embarrass or alarm another person or cause them to harm themselves; or any material likely to misrepresent your identity or impersonate another person (including by submitting material intended to give the impression that it is originated by Polo Ralph Lauren or any other person);
- contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware;
- acts contrary to Polo Ralph Lauren’s interests, in particular by modifying, damaging, or overloading the Website;
- is inconsistent with reasonable use of the Website (for example by submitting the same material repeatedly); or
- promotes any commercial activity whatsoever, for example by sending promotional or advertising messages or spam.
By submitting, posting or displaying any material via the Website:
- you warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that you have all the rights, power and authority necessary to grant the license below, and that such material complies in all respects with these Terms of Use; and
- you grant Polo Ralph Lauren and its affiliates and agents a non exclusive, royalty-free, perpetual, irrevocable and fully transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.
Your Information
All personal information submitted via this Website will be handled in accordance with the Website’s online Privacy Notice, which is incorporated into these Terms of Use.
Links
This Website may contain links to other websites, some of which are operated by Polo Ralph Lauren or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you. We have not reviewed the information on those other websites and are not responsible for the content or privacy or security policies of those or any other websites, or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of their content, products, services, or privacy or security policies. We recommend you review the policies or terms and conditions of such websites to fully understand what information is collected by them.
You or third parties acting on your behalf may not link to any page of this Website.
You or third parties acting on your behalf may not (i) use our proprietary marks (including without limitation "Polo", "Ralph Lauren", "Polo Ralph Lauren", "Lauren", "Polo Jeans" and "Rugby") as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Website, without our prior written consent.
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
Polo Ralph Lauren Europe SARL
Attention: European General Counsel
Legal Division
8 Chemin de Blandonnet
1214 Vernier
Switzerland
Email: eu.legal@poloralphlauren.com
In order for us to more effectively assist you, the notification must include ALL of the following:
1. a description of the copyrighted work you claim has been infringed;
2. information reasonably sufficient to locate the material in question on the Website;
3. your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Polo Ralph Lauren to contact you;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
5. a signed statement by you confirming that all of the information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Polo Ralph Lauren reserves the absolute right to remove any material from the Website in our sole discretion at any time.
Disclaimer
You expressly understand and agree that the Website is provided "as is" and "as available". The information on this Website is provided for general information only and should not be relied upon. We are not responsible if information made available on this Website is not accurate, complete or current. Your use of the Website, and any reliance on the information contained on it, is at your own risk. We reserve the right to restrict or terminate your access to the Website or any feature or part of it at any time.
Polo Ralph Lauren provides you with access to the Website on the basis that, to the maximum extent permitted by law, Polo Ralph Lauren and its affiliates and their licensors exclude all warranties, representations, conditions and other terms of any kind, whether express or implied, (including but not limited to any conditions implied by law which but for these Terms of Use might apply in relation to this Website) including without limitation any warranty that access to the Website will be uninterrupted or error-free; that your use of this Website will meet your requirements; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be complete, accurate, reliable, secure or timely. If you download or upload any materials from or to this Website, or if you otherwise obtain any material through this Website, you do so at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No information, whether oral or written, obtained by you from Polo Ralph Lauren or through or from this Website shall create any warranty not expressly stated in these Terms of Use.
Liability
Polo Ralph Lauren, its affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with (i) this Website and the Website Material, (ii) the use, inability to use or the results of use of this Website, and (iii) any websites linked to this Website or the material on such linked websites. Your sole and exclusive remedy for any of the above claims or any dispute with Polo Ralph Lauren affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Website.
Nothing in these Terms of Use excludes or limits any person’s liability for death or personal injury arising from their own negligence, nor any person’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify and to keep indemnified Polo Ralph Lauren, its affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, sub-contractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, (including reasonable legal fees) arising or resulting from your use of the Website and any violation of these Terms of Use. Polo Ralph Lauren reserves the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate fully with Polo Ralph Lauren in the defence of such matter.
Governing Law and Jurisdiction
These Terms of Use shall be governed and construed in accordance with English law. Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, you agree that Polo Ralph Lauren shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
General
These Terms of Use, as supplemented by any additional documents referred to in them and any policies or rules posted on this Website, constitute the entire agreement and understanding between you and Polo Ralph Lauren with respect to the subject matter and supersede all prior communications between you and us.
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Website. Accordingly, you should check the date of these Terms of Use (which appears at the top of this page) and review any changes since the last version. Your continued use of this Website following the posting of changes to these Terms of Use or other policies means you accept the changes.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Any failure or delay by us in exercising or enforcing (in whole or in part) any provision of these Terms of Use (or any legal right or remedy of which we have the benefit under any applicable law) will not be interpreted as a waiver of our rights or remedies.
You may not transfer any of your rights or obligations under these Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Terms of Use.
Each of Polo Ralph Lauren’s affiliates shall be third party beneficiaries to these Terms of Use and entitled to directly enforce, and rely upon, any provision of these Terms of Use which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms of Use.
How to Contact Us
If you have any questions, comments or complaints about these Terms of Use or this Website, please contact us by:
Polo Ralph Lauren Europe SARL
Attention: European General Counsel
Legal Division
8 Chemin de Blandonnet
1214 Vernier
Switzerland
Email: eu.legal@poloralphlauren.com
Telephone : +41 (0) 22 545 5400
Thank you for visiting the Website.