Chaiken Clothing Terms of Use

Last updated Mar 13, 2014

This website (the "Site") is owned, operated and distributed by Chaiken Clothing, L.P., a California limited partnership and its affiliates ("we" or “us”). BY ACCESSING ANY PART OF THE SITE, YOU ARE AGREEING TO THE TERMS OF USE DESCRIBED BELOW (THE "TERMS OF USE") AND THE TERMS AND CONDITIONS OF THE CHAIKEN PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE SITE. These Terms of Use apply to all users, including both users who are simply viewing the Site and users who are purchasing goods through the Site.

Use of the Site is available only to individuals who are at least 13 years old.  If you are not 13 years old, you are not authorized to use the Site.

Modification

We reserve the right, at our sole discretion, to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will update the “Last Updated Date” above and post the modification on the Site. By continuing to access or use the Site after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site.

Eligibility and Account Registration

In order to access certain features of the Site and to post any User Content (defined below) on the Site on a fully functional basis, you must register to create an account (“Registered Account”) and become a “Registered User”. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Registered Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Registered Account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your Registered Account. We are not liable for any damages or losses caused by someone using your account without your permission. 

Rights and Access to Content

Certain types of content are made available through the Site. “Chaiken Content” means, collectively, text, data, graphics, images, illustrations, forms and look and feel attributes, our trademarks and logos and other content made available through the Site, including any technology or code making up the Site, excluding User Content. “User Content” means the documents, files, text, data, graphics, images, photos, video or audiovisual content and any other content uploaded, transmitted or submitted by you and Registered Users via the Site. You retain all of your ownership rights in your User Content. However, by submitting the User Content, you hereby grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use.  We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Content. We reserve the right to remove any User Content without prior notice (or to refuse to publish any User Content) for any reason, and to terminate or refuse you access to the Site for any reason.

You are solely responsible for your conduct and your communications with others while using the Site. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms of Use. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, completeness, appropriateness, or legality of any information you may be able to access using the Site.

Transactions on the Site

We reserve the right to refuse any order placed on the Site, and may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

All goods purchased from the Site are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier.  Sales tax is applied to your order in accordance with individual state and local regulations.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Privacy

See our Privacy Policy at http://www.chaikenclothing.com/privacy for information and notices concerning our collection and use of your personal information. If you have any questions about our Privacy Policy, please contact us at privacy@chaikenclothing.com. By accessing the Site you are agreeing to the terms of our Privacy Policy.

Ownership

The Site and Chaiken Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, we and our licensors exclusively own all right, title and interest in and to the Site and Chaiken Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Chaiken Content.

License

Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable license (without the right to sublicense) to access, use, view, download and print, where applicable, the Site and any Chaiken Content solely for your own purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Chaiken Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.  

Notify Us of Infringers

If you believe that something available through the Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:  (1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Site that you think is infringing your work and include sufficient information about where the material is located on the Site (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Site; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent:

Copyright Enforcement
Chaiken Clothing, L.P.
785 Market Street, 13th Floor
San Francisco, CA  94103
Phone: (415) 777-1895 x107
Fax: (415) 777-1898
E-Mail: copyright@chaikenclothing.com

Again, we cannot take action unless you give us all the required information.

Comments and Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback”). You may submit Feedback by emailing us at support@chaikenclothing.com or through the “Help” section of the Site. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

General Prohibitions

You agree not to do any of the following while using the Site or Chaiken Content:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, our name, any our trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent;
  • Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any aspect of our system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Chaiken Content;
  • Attempt to access or search the Site or Chaiken Content or download Chaiken Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera) or generally available mobile devices (such as the iPad or iPhone);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
  • Use the Site or Chaiken Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Chaiken Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Chaiken Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Site or Chaiken Content or to review or edit any User Content, but we do have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Chaiken Content, or to any User Content, that we, in our sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination of Registered Account; Cancellation

Without limiting other remedies, we may at any time suspend or terminate your Registered Account and refuse to provide access to the Site. In addition, we may notify authorities or take any actions we deem appropriate, without notice to you, if we suspect or determine, in our own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by us; or (ii) engaged in actions relating to or in the course of using the Site that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, our users, us or any other third parties or the Site. You may terminate your Registered Account at any time and for any reason by sending email to support@chaiken.com

Disclaimers

THE SITE AND CHAIKEN CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SITE, CHAIKEN CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.

IT IS YOUR SOLE RESPONSIBILTIY TO DETERMINE WHETHER THE SITE WILL SATISFY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS THAT MAY APPLY TO YOUR USE OF THE SITE. 

Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content that is submitted to us, your access to or use of the Site or Chaiken Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND CONTENT THEREIN REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CHAIKEN CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SITE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT THEREIN EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO US. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of us used herein are trademarks or registered trademarks of ours. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the courts having jurisdiction over disputes arising in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

Export Control

You may not use or otherwise export or re-export the Site except as authorized by United States law and the laws of the jurisdiction in which the Site were obtained. In particular, but without limitation, the Site may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Site, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between us and you regarding the Site and Chaiken Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Site and Chaiken Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. We may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Site. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (x) by us via email (in each case to the address that you provide) or (y) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting Us

If you have any questions about these Terms of Use, please contact us at hello@chaikenclothing.