TOURGeneral Terms and Conditions of Use
Welcome to YOOX.COM. These General Terms and Conditions of Use govern your access to, use of and purchase of products from the United States section of YOOX.COM (the "US Site"). By using the US Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the US Site.GENERAL
YOOX.COM is the property of YOOX S.p.A., an Italian company having an address at Via Nannetti, 1, 40069 Zola Predosa – Bologna, Italy ("YOOX"). The US Site is operated, under license, by YOOX Corporation, a Delaware corporation having an address at 80 River Street, Hoboken, New Jersey, 07030 ("YOOX USA").
OTHER SITE POLICIES
Please review our General Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, the "Site Policies"). All Site Policies are incorporated in these General Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the US Site. If you do not agree to our Site Policies, please do not use the US Site.
PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept YOOX General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
LICENSE AND SITE ACCESS
The viewing, printing or downloading of any graphic, form, document or other content from the US Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and its content terminates the license granted by YOOX USA.
You will be solely responsible for all damages and other harm resulting from your use of the US Site and its content. YOOX and YOOX USA shall not be deemed liable for any use of the US Site and its content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.
USER’S SUBMISSIONS
You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the "Material") you submit to YOOX USA is legal and does not violate any right of any third party, including privacy and intellectual property rights.
By disclosing, submitting or offering any Material to YOOX USA, you grant YOOX USA and YOOX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media.
You are and shall remain solely responsible for any Material you disclose, submit or offer to YOOX USA.
PRIVACY
We recommend that you read our Privacy Policy, which explains our online privacy practices.
COPYRIGHT
All content included on the US Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of YOOX or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of YOOX or its content suppliers, as the case may be.
YOOX and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. YOOX and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the US Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by YOOX or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide YOOX USA’s copyright agent the written information specified below.
YOOX USA’s copyright agent for notice of claims of copyright infringement can be reached at privacy@yoox.com.
TRADEMARKS
YOOX and YOOX.COM are registered trademarks and/or service marks of YOOX in the United States and/or other countries. All rights are reserved. These and any other trademark, service mark and trade dress of YOOX, including, but not limited to, any mark that incorporates the word "YOOX" or the domain name "YOOX.COM", may not be used by you in any manner for any purpose without the prior express written consent of YOOX.
All other trademarks, service marks and trade dress not owned by YOOX that appear on the US Site are the property of the respective owners (the "Third Party Owners"), who may or may not be affiliated with, connected to, or sponsored by YOOX or YOOX USA.
YOOX and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on the US Site in any manner for any purpose without the prior express written consent of YOOX or the respective Third Party Owner, as the case may be.
LINKS TO THIRD PARTY WEB SITES
The US Site may provide hyperlinks to third party websites (the "Third Party Websites"). YOOX USA and YOOX do not operate, control, endorse or guarantee any Third Party Websites. You agree that YOOX USA and YOOX are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on the US Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. Our General Terms and Conditions of Use and other policies do not apply to any Third Party Website.
YOOX USA provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, YOOX USA does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY YOOX USA, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE YOOX USA AND YOOX LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
LINKS TO THE US SITE
Please contact us by e-mail at webmarketing@yoox.com if you are interested in linking a web site to the US Site. You must obtain our express written consent prior to linking any website to the US Site.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE US SITE IS PROVIDED BY YOOX USA ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOOX USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, YOOX USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE US SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE US SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE US SITE IS AT YOUR SOLE RISK. YOOX USA DOES NOT WARRANT THAT THE US SITE, ITS SERVERS OR E-MAIL SENT FROM THE US SITE OR YOOX USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOOX USA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE US SITE. YOU UNDERSTAND THAT THE OPERATION OF THE US SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF YOOX USA. YOOX USA AND YOOX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify, defend and hold YOOX USA and YOOX harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the US Site and/or your breach of these General Terms and Conditions of Use.
MODIFICATION
YOOX USA reserves the right in its sole discretion to make changes to these General Terms and Conditions of Use at any time and without specific notice to you. By using the US Site after any such change, you agree to comply with and be bound by these General Terms and Conditions of Use as changed. If you do not agree to these General Terms and Conditions of Use as they may be changed from time to time, please do not use the US Site. You should access this page periodically to review the most recent version of these General Terms and Conditions of Use. YOOX USA reserves the right in its sole discretion to edit, delete or otherwise modify any documents, information or other content appearing on the US Site.
SEVERABILITY
If any provision of these General Terms and Conditions of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Use remain in full force to the extent permitted by law.
APPLICABLE LAW; JURISDICTION
Except otherwise expressly provided, the laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Use and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these General Terms and Conditions of Use and the other Site Policies shall be brought solely in the City of New York, State of New York.
HEADINGS
The headings contained in these General Terms and Conditions of Use are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of these General Terms and Conditions of Use.
CONTACT INFORMATION
If you have any question regarding these General Terms and Conditions of Use, please contact YOOX USA at privacy@yoox.com.
If you need any other assistance, please go to our Customer Area. There you will find information on orders, shipping, returns and refunds, registration and other important information regarding the services provided by YOOX USA through the US Site. Remember that you can always contact us by e-mail at info@yoox.com.