THIRD PARTY SITES
The Site may link you to other web sites on the Internet. Such other web sites may not be under the control of Wet Seal, and you acknowledge that Wet Seal is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect(s) of the content of sites that are not under the control of Wet Seal. The inclusion of such a link does not imply endorsement of the site by Wet Seal or any association between Wet Seal and the operators of such other site.
LINKING TO THE SITE
Generally, Wet Seal does not mind if you have a text link from your web site to the Site. However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product. Links to the Site must clearly identify Wet Seal as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.
Wet Seal is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content. You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
Wet Seal cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by Wet Seal). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.
If you have any questions about the non-exclusive license granted herein or if you would like to request additional rights, please write to Wet Seal, 800 Boylston Street, 27th Floor, Boston, MA 02199 Attn: Webmaster; e-mail address: email@example.com
From time to time, some of the content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by you or other users of the Site over whom Wet Seal exercises no control (“User-Generated Content”). Such users are solely responsible for any User-Generated Content displayed on the Site. Wet Seal disavows responsibility for User-Generated Content to the extent permitted by law, and has no obligation to screen any User-Generated Content in advance. Wet Seal may in its sole discretion at any time remove or alter any User-Generated Content or take any other actions with respect to such User-Generated Content. Wet Seal has no liability or responsibility to users for performance or nonperformance of such activities. Should you come across any content that you find objectionable, you can bring it to our attention by e-mailing us at firstname.lastname@example.org.
Other than with respect to Feedback (which is assigned to Wet Seal as described below), you own and retain the copyright in any original User-Generated Content you post or submit to us for display on the Site. We do not claim ownership of any copyrights in User-Generated Content. However, by using this Site you are granting Wet Seal and its subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize User-Generated Content you post or submit in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post or submit any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.
upload, post, transmit or otherwise make available
any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;
any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
any User-Generated Content that is false, misleading, or fraudulent;
any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
From time to time, the Site may provide you an opportunity to communicate with Wet Seal to provide User-Generated Content or other information that specifically concerns how Wet Seal can improve the Site and/or the products and services made available through the Site or advertised on the Site (collectively, “Feedback”). Please be aware that any Feedback communicated to Wet Seal through the Site or otherwise, whether such Feedback consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Any Feedback you submit, transmit, or post becomes the exclusive property of Wet Seal. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without crediting or compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
In order to access some features of the Site, you may need to create a user account with an e-mail address and/or other personal information. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account. Wet Seal disclaims any and all liability or responsibility for such use.
DISCLAIMER OF WARRANTIES AND LIABILITY
The information available on the Site is for informational purposes only. You should not assume that the information provided is always complete, reliable, or up to date. Nothing on this Site should be interpreted as investment, financial, tax, or legal advice. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold Wet Seal or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site.
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY USER-GENERATED CONTENT (COLLECTIVELY, THE “CONTENT”), ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WET SEAL DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL WET SEAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WET SEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Applicable law may not ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES Wet Seal SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Wet Seal, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site. Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Wet Seal:
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
identification of the content that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Wet Seal to locate the content;
your address, telephone number, and email address;
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 a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Please send such notice to:
800 Boylston Street, 27th Floor
Boston, MA 02199
Attention: Copyright Agent
Email address: email@example.com
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION
Wet Seal reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice. You agree that Wet Seal shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.
Last updated: March 2017