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Terms and Conditions

Overview

Last updated November 20, 2012: Please carefully read the following terms and conditions ("Terms”) governing your use of this website and any other website, microsite, mobile device application, or Internet property owned or operated by Marc Jacobs International, LLC or any of its affiliates and subsidiaries (collectively, "MJI” or "We” or "Us” or "Our”) and related services (collectively, the "Site(s)”). The terms "You,” "Your,” and "User” refer to anyone who accesses or is a visitor to any of the Site(s), including the website and web pages located at www.marcjacobs.com. The Site(s) are made available by MJI. USE OF ANY OF THE SITE(S) OR THE PURCHASE OF PRODUCTS FROM THE SITE(S) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS. Your access to and use of the Site(s) is undertaken at Your own risk. If You do not agree to these Terms or are dissatisfied with the Site(s) or any content therein, Your sole and exclusive remedy is to stop using the Site(s) and its/their information, content, and services, and You may not access or otherwise use the Site(s).

We reserve the right to update or change the Terms at any time without notice to You. Any such changes will be posted on the Site(s) and You agree to be bound by such changes. At any time, for any or no reason, with or without prior notice and without any liability, MJI may discontinue or change any of the Site(s), or its/their availability to You, and can reject, refuse, restrict, suspend, or terminate Your access to all or any part of the Site(s). MJI may choose to not fulfill any purchase or order placed on the Site(s), subject to any applicable refunds under its refund policy.

MJI may terminate, change, suspend, or discontinue any aspect of the Site(s) or the Site(s)'s services at any time.

Free Shipping Promotion

Father's Day promotion: Beginning Thursday June 5th at 12am EST, ending Wednesday June 11th at 2:00pm EST - customers receive free 2-day shipping on all orders over $150. Canadian customers receive expedited shipping during this period. Free ground shipping is offered on all domestic orders, and standard shipping to Canada, $200 or more before taxes/shipping charges.

Help

Please see our Help page for information on returns.

Proprietary Rights

As between You and MJI, MJI owns, solely and exclusively, all rights, title, and interest in and to the Site(s) and all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site(s), and the compilation of the content, code, data, and materials on the Site(s), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the Site(s). Your use of the Site(s) does not grant to You ownership of any content, code, data, or materials You may access on the Site(s), nor does it grant You any license to use or display the same except as permitted on the Site(s) itself.

No part of the Site(s) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner whatsoever, except for personal, non-commercial viewing purposes, without the prior written consent of MJI. You may view the content of the WebSite(s) on Your computer or other Internet compatible device, and make single copies or prints of the content of the WebSite(s) for Your personal, internal use only. The Website(s) and the services offered on or through the Website(s), including any content and materials thereon, are only for Your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Website(s), or any content, code, data, or materials therein, is strictly prohibited unless You have received the prior written permission of MJI or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Website(s). If You make other use of the Website(s), or the content, code, data or materials thereon, except as otherwise provided above, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. MJI will enforce its intellectual property rights to the fullest extent of the law.

Trademarks and Copyrights

MJI owns, or has a valid right from a third party to use, all copyrights for all material on the Site(s) and all trademarks, service marks, trade names, logos, and domain names used on or in connection with the Site(s). The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Site(s) are registered and unregistered Trademarks of MJI and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing on the Site(s) grants, by implication, estoppel, or otherwise, any license or right to use any Trademarks on the Site(s) without the prior written permission of MJI or the third party that may own the applicable Trademark. Any modification or use of such materials or Trademarks from any of the Site(s) for any purpose not explicitly permitted in writing by MJI is strictly prohibited and is a violation of these Terms. MJI will enforce its Trademark rights to the fullest extent of the law.

User Information

In the course of Your use of the Site(s), You may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our Privacy Policy, www.marcjacobs.com/privacy-policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that You are solely responsible for the accuracy and content of User Information, and You agree to keep it up to date.

Unsolicited Materials

Unless specifically requested, We do not solicit nor do We wish to receive any confidential, secret or proprietary information, or other material from You through the Site(s), by email or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, comments, methods, systems, designs, plans, techniques, or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the MJI Privacy Policy, www.marcjacobs.com/privacy-policy,. By submitting or sending Submitted Materials to us, You: (i) represent and warrant that the Submitted Materials are original to You, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that You provide to us, and We may delete or destroy any such Submitted Material at any time.

User Conduct

You are responsible for Your use of the Site(s), and for any use of the Site(s) and its/their content made using Your account. You warrant and agree that You shall not: (a) use the Site(s) for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; impersonate any person or entity or misrepresent Your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site(s) for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site(s).

When You use any of the Site(s), You may not: (i) violate any law or regulation; (ii) violate or infringe any party’s intellectual property, privacy, publicity, or other legal rights; (iii) make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact; (iv) use or attempt to use any "deep link,” "scraper,” robot,” "bot,” "spider,” "data mining,” "computer code,” or any other automatic means of obtaining lists of products, prices, Users or any other information from or through the Site(s) or the services offered on or through the Site(s), including without limitation any information residing on any server or database connected to the Site(s) or the services offered on or through the Site(s), (although MJI may allow operators of public search engines to use spiders to index materials from the Site(s) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and MJI reserves the right to revoke these exceptions either generally or in specific cases); (v) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (vi) use the Site(s) or the services made available on or through the Site(s) in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site(s) or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (vii) violate the security of the Site(s) or attempt to gain unauthorized access to the Site(s), data, materials, information, computer systems, or networks connected to any server associated with the Site(s); (viii) interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site(s), any activities conducted on or through the Site(s) or any servers or networks connected to the Site(s), including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site(s); (ix) send unsolicited or unauthorized advertising or commercial communications, such as spam; or (x) stalk, harass, or harm another individual. You further agree that You may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site(s) or the Site(s)'s services, or any content thereof, or make unauthorized use thereof. You agree that You will comply with and respect all robots.txt files. You agree that You will not use the Site(s) in any manner that could damage, disable, overburden, or impair the Site(s) or interfere with any other party's use and enjoyment of the Site(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site(s).

You agree that You shall not upload, post, transmit, distribute, or otherwise publish through the Site(s) or any service offered on or through the Site(s), any materials that (i) restrict or inhibit any other User from using and enjoying the Site(s) or the Site(s)'s services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right; (v) contain a virus, spyware, or other harmful component or malicious or unsolicited software; (vi) contain advertising, chain letters, or pyramid schemes of any kind; or (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You alone are responsible for the content and consequences of any of Your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site(s) or MJI. MJI is not responsible for any materials posted to this Site(s) by any third parties. However, MJI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in MJI's sole discretion are objectionable or in violation of these Terms, MJI's policies, or applicable law.

You agree not to link from any other website to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is not viewable in its entirety in a User interface, "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your website at any time upon written notice to You.

You agree to defend, indemnify, and hold MJI, its parent company LVMH Moët Hennessy Louis Vuitton ("LVMH”), and their respective directors, officers, members, managers, employees, and agents harmless from any and all damages, claims, liabilities, costs, and expenses, including reasonable attorneys' fees, which any of them may incur arising in any way from Your use of the Site(s), Your placement or transmission of any message, content, information, software, or other materials through the Site(s), or Your breach or violation of the law or of these Terms. MJI reserves the right, but is not obligated, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with MJI's defense of such claim.

User Generated Content

As between You and MJI, You own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "User Content") that You may submit, transmit, upload, post, e-mail, or otherwise make available on or through any of the Site(s).

By providing MJI and/or the Site(s) with User Content, You hereby grant to MJI and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty free, transferable, sub-licensable, license, and permission to use, copy, display, and perform Your User Content in connection with the Site(s). You acknowledge and agree that You have no expectation of compensation or confidentiality of any nature with respect to any User Content. MJI reserves the right to display advertisements in connection with Your User Content and to use Your User Content to advertise and promote Your User Content, the Site(s), and MJI and its products. MJI reserves the right to modify User Content in its sole and absolute discretion. MJI is not required to host, display, or distribute any User Content, and may remove any User Content from the Site(s) at any time and for any reason or no reason.

You represent and warrant that: (a) You own all rights in Your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in Your User Content) or, alternatively, You have acquired all necessary rights in Your User Content to enable You to grant to MJI the rights in Your User Content described herein; (b) You have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Content; (c) You are the individual pictured or heard in Your User Content, or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in Your User Content to enable You to grant the rights to MJI described herein; (d) You will make such permissions available to MJI upon request; (e) Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) Your User Content complies with these Terms of Use. You agree to keep all records necessary to establish that Your User Content does not violate any of the foregoing representations and warranties and to make such records available to MJI upon MJI’s request.

You further agree that MJI and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, that You may send to MJI or its affiliates. You acknowledge and agree that (i) You have no expectation of compensation or confidentiality of any nature, and that MJI has no duties to You, with respect to such Feedback, and (ii) MJI has the right (but not the obligation) to use such Feedback for any purpose without notice to You and without paying any compensation to You.

MJI reserves the right, but does not have an obligation, to monitor and/or review User Content. MJI does not endorse or control the User Content transmitted or posted on the Site(s) and therefore, MJI is not responsible for User Content and MJI does not guarantee the accuracy, integrity, or quality of User Content, which may not necessarily reflect the views of MJI. You understand that by using the Site(s), You may be exposed to User Content that is offensive, indecent, or objectionable to You. Under no circumstances will MJI be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of any User Content submitted, transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site(s). MJI has no control over User Content once it leaves the Site(s), and it is possible that others may duplicate User Content on other sites on the Internet.

You acknowledge that MJI has the right – though not the obligation – in Our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and You waive any rights You have in having the material altered or changed in a manner not agreeable to You. Without limiting the generality of the foregoing or any other provision of these Terms of Use, MJI has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable, and it reserves the right to refuse service and/or terminate access without prior notice for any User who violates these Terms of Use or infringes the rights of others.

You agree that if You include a link from any other website to www.marcjacobs.com or to any of the Site(s), such link shall open in a new browser window. You agree not to link from any other website to www.marcjacobs.com or to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your Web site at any time upon written notice to You.

Unless specifically requested, We do not solicit nor do We wish to receive any confidential, secret, or proprietary information, or other material from You through the Site(s), by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to Us will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the MJI Privacy Policy, www.marcjacobs.com/privacy-policy,.

MJI reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in MJI’s sole discretion are objectionable or in violation of these Terms of Use, MJI’s policies or applicable law.

Indemnification

You agree to defend, indemnify, and hold MJI and its directors, officers, members, managers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Site(s), Your placement or transmission of any message, content, information, software, or other User Content or Feedback through the Site(s), or Your breach or violation of the law or of these Terms of Use. MJI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with MJI’s defense of such claim.

Third Party Websites

MJI is not responsible for third party websites that link to or from any of the Site(s). MJI disclaims all responsibility for any viruses or malicious code that may appear on any third party websites, and for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site. Any reliance on the contents of a third party website is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance. MJI shall not be held liable or responsible for the content of any sites that link to or from any of the Site(s).

Product Information and Orders for Products:

Many products displayed on the Site are available in our stores. In some cases products available on the Site(s) are not available in stores, or vice versa. Similarly, prices for a product may vary between the Site(s) and stores or between geographies. The prices displayed on the Site(s) are quoted in USD and are valid and effective only in the U.S.

You may only order products if, and You hereby represent and warrant that, You are domiciled in the United States and You are 18 years old or older. You agree to pay in full the prices for any purchases You make either by credit/debit card concurrent with Your online order or by other payment means acceptable to MJI. You agree to pay all applicable taxes. If payment is not received by Us from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by Us. You agree that You are not permitted to resell any products purchased through any of the Site(s) for commercial purposes.

Inaccuracy Disclaimer

From time to time there may be information on Our Site(s) that contains typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. MJI reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after You have submitted Your order).

Shipping and Processing Fees

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packaging the products you purchase, delivering them to you.

Ship to Canada

By ordering goods from this website, you hereby authorize a licensed Canadian customs broker chosen by the operator of the website to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, account for applicable duties and taxes, to return merchandise to the operator of the website and prepare and submit refund claims on your behalf for any merchandise that you return. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from the operator of the website. In this connection, you also authorize the customs broker to endorse any refund check issued by CBSA in your name, so that the operator of the website can be reimbursed.

Disclaimer of Warranties

The Site(s), including, without limitation, all services, content, functions, and materials, is provided "as is," "as available," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose, and We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site(s) or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted, or error free, or that defects will be corrected. We make no warranty that the Site(s) will meet User's requirements. No advice, results or information, whether oral or written, obtained by You from Us or through the Site(s) shall create any warranty not expressly made herein. Neither MJI nor LVMH assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing in the Site(s) or Your downloading of any materials, data, text, images, video, or audio from the Site(s). If You are dissatisfied with the Site(s), Your sole remedy is to discontinue using the Site(s).

We cannot, and do not, guarantee the correctness, precision, thoroughness, or completeness of any of the information available on the Site(s), nor will We be liable for any inaccuracy or omission concerning any of the information provided on the Site(s).

Without limitation of the above in this section, none of MJI, LVMH or their respective affiliates, suppliers and licensors make any warranties or representations regarding any products or services provided via the Site(s), and hereby disclaim, and You hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Site(s) or in correspondence with MJI or its agents.

Limitation of Liability

In no event, including but not limited to negligence, shall MJI, LVMH, any member of the LVMH family, or any of their directors, officers, employees, agents, or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site(s) or the content, materials, and functions related thereto, Your provision of information via the Site(s), lost business or lost sales, profits, or good will, even if such Protected Entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain Users. In no event shall any of the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Site(s).

MJI’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO ONE DOLLAR (USD $1.00).

Applicable Laws

We control and operate the Site(s) from Our offices in the United States of America. We do not represent that materials on the Site(s) are appropriate or available for use in other locations. Persons who choose to access the Site(s) from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a trial by jury.

Miscellaneous

The Terms and the relationship between You and Us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

These Terms constitute the entire agreement between the parties relating to the Site(s) and supersede any and all other agreements, oral or in writing, with respect to the Site(s). These Terms are personal to You, and You may not assign Your rights or obligations to anyone.

All rights not expressly granted herein are reserved.


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