Last updated October 29, 2010
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 email@example.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.
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.
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.
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.
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.
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Websites (including the exact URL);
- an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not HL, can contact you;
- a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
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.
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