Terms & Conditions / Privacy Policy

Terms of Use

Last updated October 29, 2010

The following terms of use (the “Terms of Use”) govern your use of Helmut Lang’s websites (the “Websites”).  Helmut Lang New York LLC (“HL”, “we”, “us” or “our”) provides the Websites, and the services on the Websites, to you subject to the following terms and conditions.  In addition, when you use any service on any of the Websites you will also be subject to the rules, policies, terms and conditions applicable to such service and such rules, policies, terms and conditions are incorporated herein by reference.  Please read these Terms of Use carefully before you continue to use the Websites or submit any information to us through the Websites.  Your use of the Websites in any form and/or your submission of any information through the Websites constitutes your agreement to be bound by these Terms of Use.

We may modify these Terms of Use from time to time.  Modifications shall be effective immediately upon being made available online.  You should read these Terms of Use whenever you visit the Websites so that you are aware of any modifications.  Your use of the Websites after modifications have been posted constitutes your agreement to be bound by the Terms of Use as modified.  IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE WEBSITES AND DO NOT SUBMIT ANY INFORMATION TO US THROUGH THE WEBSITES. 

Restrictions on Use of the Site.  Subject to the terms and conditions of these Terms of Use, HL hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Websites and Content (as defined below) solely for purposes of interacting with HL, its products and brands and not for any commercial use or for use with, or on behalf of, any third party.  Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Websites or any Content without HL’s prior written consent.  

You may not use the Websites in any manner that interferes with our normal operations or with the use and enjoyment of another user.  You may access the Websites and the Content only through the user interface provided by us and our service providers.  You agree to use the Websites and the services only for their intended lawful purpose and in accordance with all applicable laws and regulations.

Ownership of Content.  Our Websites include a combination of content that we, our users and other third parties create (collectively, the “Content”).  Except as noted on the Websites, all of the Content available through the Websites, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected.  Except as noted on the Websites, you may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Websites in whole or in part.  If you would like to request permission to use any of the Content on the Websites, please contact us at blog@helmutlang.com.

Helmut Lang is a registered trademark owned by HL and may not be used or displayed without the prior written consent of HL.  Other trademarks, service marks and company names and logos appearing on the Websites are the property of HL, its affiliates or their respective owners.  No right, title or interest in any Content or in any trademark, service mark, company name or logo appearing on the Websites is transferred to you as a result of your use of the Websites.

Posting and Transmitting Content.  You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Websites (“Your Content”).  You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity.  You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by HL in its sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Websites or any computer that connects to the Websites.  You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead HL or its service providers.

We have the right, but not the obligation, to remove any Content posted to the Websites by users that may, in our sole discretion, violate these Terms of Use or that is otherwise, in our sole opinion, objectionable.  Nonetheless, you understand that by using the Websites, you may be exposed to Content that you find offensive or objectionable.  Your use of the Websites constitutes your acknowledgment that you bear all risks associated with such use.

Grant of License.  You certify that you own all intellectual property rights in Your Content.  HL and its service providers will treat such content posted or transmitted by you as non-confidential and non-proprietary information.  Upon posting or transmitting Your Content on or through the Websites you grant HL a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes.  Please do not send us or post any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary.  You agree that any information that you provide us will be covered by the license granted herein.

Privacy Policy.  All of the information that we collect from you and all of the information you provide to us (including, without limitation, personally identifiable information) is subject to our Privacy Policy.  Please click here to see our full Privacy Policy.

  These Terms of Use incorporate by reference the terms and conditions of our Privacy Policy.

Site Directed at United States Visitors.  The Websites are targeted at and are intended for visitors located in the United States.  Given the global nature of the Internet, however, the Websites may be accessed by visitors located outside of the United States.  We make no representations or warranties that the Websites are appropriate or available for use in countries outside of the United States.  Visitors who choose to access the Websites from outside the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Product Information.  Merchandise displayed on the Websites may be available in select retail locations while supplies last.  In some cases, merchandise displayed on the Websites may not be available for purchase.  HL tries to maintain accurate information on the Websites regarding merchandise, however, HL does not guarantee that any such information will be accurate.

Links to Third Party Websites.  To provide you with access to related content and information, our Websites contain links to third party websites.  By clicking on any such links or following through to any such websites, you agree to review and agree to such third party website’s terms of use and privacy policies.  HL is not responsible for the privacy practices or the content of any such third party websites.  HL is not affiliated with, and does not endorse or sponsor, any such third party website or any product or service of any such third party.

Disclaimers.  We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material submitted to or transmitted through the Websites.  

WE DO NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE WEBSITES.  THE WEBSITES AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS.  ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.  WE MAKE NO WARRANTIES THAT (I) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD MERCHANDISE, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, (V) THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE WEBSITES WILL BE CORRECTED.

WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITES, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE WEBSITES.  YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WEBSITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

Limitation of Liability.  IN NO EVENT SHALL HL OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITES OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Waiver of Jury Trial.  THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Injunctive Relief.  You acknowledge that any use of the Websites except as expressly permitted by these Terms of Use will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Indemnification.  By utilizing the Websites, you agree to indemnify, defend and hold HL and all of its officers, directors, employees, agents, service providers, and licensors (collectively, the “HL Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any HL Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of your use of the Websites; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; Your Content; your connection to the Websites; your violation of these Terms of Use; or your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Termination.  HL may suspend or terminate any user’s access to all or part of the Websites without notice or recourse, for any conduct that HL, in its sole discretion, believes is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, HL or its affiliates.

Governing Law.  By visiting or using the Websites, you agree that the laws of the State of New York, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms of Use and any dispute of any sort that might arise between you and HL.You agree that any action at law or in equity that arises out of or relates to any use of the Websites will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice.  HL respects the copyright interests of others and, as such, requires our users to comply with these Terms of Use and all applicable laws regarding copyrights.  If you believe that any contentshown on or transmitted through the Websites violates these Terms of Use or your copyright, please report the violation.  In the case of a copyright violation please provide the following information:

All notices should be sent to our designated agent as follows:

Helmut Lang New York LLC

38 Gansevoort Street

NY, NY 10014

Attn: Legal Department

It is often difficult to determine if your intellectual property rights have been violated.  We may request additional information before we remove allegedly infringing material.  If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties. 

Miscellaneous.  We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and consent that such notices will be effective upon our posting them on the Websites or delivering them to you through the email address we have for you.  We cannot be held liable if we fail to notify you via mail or email.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  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 Websites or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or it will be forever barred.  These Terms of Use, and all terms, conditions, and policies that are incorporated into these Terms of Use by reference, constitute the entire agreement between you and HL and govern your use of the Websites, superseding any prior agreements that you may have with us.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in full force and effect.

Our Address.  Please send any questions or comments regarding the Site to:

Helmut Lang New York LLC
38 Gansevoort Street
New York, NY 10014
Attn: Website Manager

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