YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. If you do not accept these terms and conditions, do not use this Website.
1. Copyright Notice and Use of Website. The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technological components of this Website and the Website as a compilation are © 2012, Demandware, Inc. or its affiliates and suppliers. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this Website are © 2012, The Limited, eloquii by The Limited or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, The Limited and eloquii by The Limited reserve the right to seek all remedies available by law and in equity. The Limited and eloquii by The Limited reserve the right to block or deny access to the Website to anyone at any time for any reason.
2. Trademarks. The Limited ("we") and our affiliated companies retain all rights regarding our trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of The Limited and its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the THELIMITED.com website. Your misuse of the trademarks displayed on the THELIMITED.com website is strictly prohibited. You are also advised that The Limited will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
In connection with User Submissions, you affirm, represent, and warrant to The Limited that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to The Limited as set forth in the license granted above; (iii) use of your User Submission(s) on the Website or otherwise by The Limited, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow The Limited to utilize the User Submission(s) without compensation. For clarity, The Limited obtains the license above, but does not claim ownership of your User Submission(s).
4. Prohibited Uses of Website and Services. You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) include any information that references other websites, addresses, email addresses, contact information or phone numbers; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (j) in doing so, amount to any conduct that, in the judgment of The Limited, restricts, impairs, interferes with or inhibits any other user from using or enjoying the Website and/or our related services and products.
5. Notice of Copyright Infringement. The Limited does not permit copyright infringing activities on the Website, and The Limited may remove any User Submissions or other materials if properly informed that any such User Submissions or other materials infringe on another’s copyright rights. The Limited will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any User Submissions or other material infringes upon your copyrights, you may notify The Limited by providing the following information in writing:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
ii. Identification of the location where the original or an authorized copy of the copyrighted work exists;
iii. Identification of the User Submission or other material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit The Limited to locate the same;
iv. Information reasonably sufficient to permit The Limited to contact you, such as an address, telephone number, and, if available, an email address;
v. A statement that you have a good faith belief that use of the User Submission or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
7775 Walton Parkway
New Albany, OH 43054
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
6. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Limited makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. All DVDs, CDs and similar products sold are for private, home-use (where no admission fee is charged), non-public performance and may not be duplicated.
7. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, it may be necessary for you to file claims with carriers for damaged and/or lost shipments.
8. Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on this Website may be unavailable, quantities may be limited and may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
9. Linking to this Website. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
10. Special Notice. The Limited and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in meta tags and/or hidden text. Specifically, the use of our trademarks or names in meta tag keywords is trademark infringement, and the use of trademarks or names in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any THELIMITED.com webpage is prohibited absent express written permission from The Limited. Framing, inline linking or other association of the THELIMITED.com Website or its suppliers' software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the THELIMITED.com Website is expressly prohibited.
One or more patents may apply to this Website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
11. Third-Party Links. Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the "Third-Party Sites"). These links are provided for your convenience only. In addition, certain Third-Party Sites also may provide links to the THELIMITED.com Website. None of these links should be deemed to imply that The Limited endorses the Third-Party Sites or any content therein. The Limited does not control and is not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third-Party Site is at your own risk and The Limited will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third-Party Site.
12. Your Account. You may choose to create an Account at our Website. If you do, you will have an email address and password for your Account. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password.
13. Disclaimers. Your use of this site is at your risk. The information, materials and services provided on or through this Website are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property. NEITHER THE LIMITED, eloquii BY THE LIMITED, THEIR SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. The information, materials and services provided on or through this Website may be out of date, and neither The Limited, its suppliers, nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
All products and services purchased on or through this Website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. We make no warranties to those defined as "consumers" in the Magnuson-Moss Warranty Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
14. Limitations of Liability. Neither The Limited nor its suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. In no event will The Limited, or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.
15. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You agree to assume the responsibility to visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of this Website after any changes to these terms and conditions are posted will be considered acceptance of those changes.
16. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and The Limited to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. Termination. You or we may suspend or terminate your Account, your use of this Website, or your ability to submit product reviews or ratings at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
18. Entire Agreement. These terms and conditions serve as the entire understanding and agreement regarding the subject matter of these terms. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you, The Limited and eloquii by The Limited agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.
19. Electronic Notice. You agree to transact with us and receive all notices regarding the Website electronically. The Limited and eloquii by The Limited will provide notices by posting them on the Website, or, in some cases The Limited and eloquii by The Limited may provide notice by email to registered users. To receive electronic notices, you must have access to the internet and an internet browser that operates either (i) on a Windows-based operating system or (ii) an Apple® Macintosh-based operating system with software or a web browser for Macintosh. You will need a printer attached to your personal computer to print any notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the “Terms of Service” link at THELIMITED.com and eloquii.com. You may withdraw your consent to receive notices electronically by discontinuing your use of the Website.
20. Security & Technology. THELIMITED.com and eloquii.com have imposed confidentiality obligations on our service providers who will have access to the personal information collected on this Website. In addition, we have implemented administrative, technical and physical measures to address the confidentiality of personal information collected on this Website. Unfortunately, while we implement these security measures for this Website, please be aware that 100% security is not always possible. Also, due to the possibility of unforeseen complications in the online environment, The Limited cannot guarantee you that this Website will function without error or that this Website or the enabling server will remain free of viruses or other harmful elements.