Last updated January 8, 2015
The following terms and conditions (“Terms”) govern your use of the website marcjacobs.com and any other website, microsite, mobile device application, social media or other Internet property owned or operated by Marc Jacobs International, LLC, 72 Spring Street, New York, New York 10012, +1-212-965-4000 or any of its affiliates or any of Our affiliates or 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 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).
Last updated January 8, 2015
Free GROUND shipping is offered on all domestic orders, and expedited shipping to Canada, $200 or more before taxes/shipping charges.
Unless you obtain MJI’s prior written consent, You may not copy, reproduce, republish, upload, post, repost, transmit or distribute any part of the Site(s) in any manner whatsoever, except for Your personal, non-commercial viewing purposes. You may view the content of the Site(s) on Your computer or other Internet compatible device, and make single copies or prints of the content of the Site(s) for Your personal, internal use only. The Site(s) and the services offered on or through the Site(s), including any content and materials thereon, are only for Your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Site(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 Site(s). If You make other use of the Site(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 of America, other countries, as well as applicable local and 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, including seeking criminal prosecution.
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,” “crawler,” “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) use automated methods to send more requests to MJI’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (vi) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (vii) 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; (viii) 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); (ix) 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); (x) send unsolicited or unauthorized advertising or commercial communications, such as spam; or (xi) 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, hateful, racist, aggressive, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise objectionable or inappropriate; (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, patent, moral rights, confidentiality, contract, 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.
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, unrestricted, perpetual, irrevocable, license and permission to use, copy, reproduce, modify, adapt, translate, create derivative works of, transmit, display, print, publish, distribute and perform any and all of Your User Content (in whole or in part) in connection with the Site(s) and/or to incorporate Your User Content in other works in any form, media or technology now known or later developed, without further consent or notice to you, including for promotional and commercial purposes, and to authorize others to do all or any of the foregoing. You acknowledge and agree that You have no expectation of compensation or confidentiality of any nature with respect to any User Content. We may exercise these rights without notice to You and without paying any compensation to You. 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, delete or destroy any User Content at any time and for any reason or no reason in MJI’s sole discretion.
You represent and warrant that: (a) Your User Content is original to You, no other party has any rights thereto, and 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) Your User Content is not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us; (c) 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; (d) 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; (e) You will make such permissions available to MJI upon request; (f) Your User Content does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy right, publicity right or other intellectual property right of any other third party and that any “moral rights” in Your User Content have been waived; and (g) Your User Content complies with these Terms. You agree to keep all records necessary to establish that Your User Content does not violate any of the foregoing representations, warranties and promises 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. All Feedback is and will be considered non-confidential and non-proprietary.
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 or reliance on any User Content submitted, transmitted, uploaded, posted, emailed, 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, MJI has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable, and We reserve the right to refuse service and/or terminate access without prior notice for any User who violates these Terms or infringes the rights of others.
You agree that if You include a link from any other website to 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 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.
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, MJI’s policies or applicable law.
Nothing contained herein shall be construed as a restriction on or waiver of any consumer’s right to make any statement regarding MJI or its employees or agents, or concerning MJI’s goods or services.
Please send all of the information listed above to Our copyright agent:
Antonio Borrelli, Senior Director
Marc Jacobs International, LLC
72 Spring Street
New York, New York 10012
You may only order products if, and You hereby represent and warrant that, 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 or via any of the Site(s) for commercial purposes.
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, its parent company, or their respective affiliates, suppliers, licensors or licensees 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.
The foregoing exclusions of express and implied warranties do not apply to the extent prohibited by local laws. Please refer to Your local laws for any such prohibitions.
MJI’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO ONE DOLLAR (USD $1.00). To the maximum extent permitted under applicable laws, in no event shall the total aggregate liability of the Protected Entities to You for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or Your use of the Site(s) exceed the amount, if any, paid by You to MJI for Your Use of the Site(s) or purchase of products via the Site(s).
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.
Effective Date: January 8, 2015