TERMS AND CONDITIONS FOR USE OF THE NICOLE BY NICOLE MILLER SITE
Website Use & Access
Nicole Miller may, from time to time, make messaging services, blogs, and/or other communication services (the “Services”) available on or through the Site.
You agree to use the Site and the Services for lawful purposes only, and you also agree that you are responsible for your use of and communications through the Site. You also agree not to transmit or post through the Site anything that infringes others’ intellectual property rights or violates local, state, national and/or international law. You agree not to use the Site or the Services in any way that may interfere with their normal operation or with any other users’ use and enjoyment of the Site and the Services.
When you use the Services and visit the Site, you may not:
- violate any law or regulation;
- violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your identity or affiliation with someone else;
- use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site (although Nicole Miller may allow operators of public search engines to use spiders and/or other means to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Nicole Miller reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Site in a manner that sends more requests to Nicole Miller’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
- interfere with or disrupt the Site or the Services in any manner.
Proprietary/Intellectual Property Rights
As between you and Nicole Miller, Nicole Miller owns all rights, title and interest in and to the Site, 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, and the compilation of the content, code, data and materials on the Site (collectively, the “Contents”), 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, and/or possesses valid license(s) and/or authorizations governing and/or authorizing Nicole Miller’s use of the Contents of the Site.
Your use of the Site does not grant to you ownership of any Contents you may access on the Site. You may view the Contents on the Site on your computer or other Internet compatible device, and make single copies or prints of the Contents on the Site and/or its pages for your personal, internal use only. The Site and the Services are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Site and/or any Contents on the Site, is strictly prohibited unless you have received the prior written permission of Nicole Miller 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 Contents on the Site. If you make other use of the Site and/or the Contents, except as otherwise provided herein, 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(s).
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Nicole Miller and/or other individual(s) and/or entity(ies) 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 contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the prior written permission of Nicole Miller or the third-party that may own the applicable Trademarks. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Nicole Miller will protect and enforce its intellectual property rights to the fullest extent of the law, including the seeking of any and all available remedies, including, but not limited to, criminal prosecution.
As you navigate the Site, certain limited information can and may be collected automatically from you without your active involvement. You acknowledge and agree that Nicole Miller and/or its agents and/or independent contractors may track, monitor, and/or otherwise collect information regarding the number of viewers and/or “hits” to the Site for its own internal purposes. You also agree that Nicole Miller owns any and all such information that it collects.
User Generated Content
As between you and Nicole Miller, 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 the Site.
When you provide Nicole Miller with User Content, you hereby grant to Nicole Miller 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. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any User Content. Nicole Miller 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, the Services, and Nicole Miller and its products. Nicole Miller reserves the right to modify User Content in its sole and absolute discretion. Nicole Miller is not required to host, display, or distribute any User Content, and may remove any User Content from the Site at any time and for any reason or no reason at all.
You further agree that Nicole Miller is 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 and/or make available to Nicole Miller. You acknowledge and agree that (i) you have no expectation of and/or right to compensation or confidentiality of any nature, and that Nicole Miller has no duties to you, with respect to such Feedback, and (ii) Nicole Miller 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.
Nicole Miller reserves the right, but does not have an obligation, to monitor and/or review User Content. Nicole Miller does not endorse or control the User Content transmitted or posted on the Site and, therefore, Nicole Miller is not responsible for User Content. Nicole Miller does not guarantee the accuracy, integrity, legality, or quality of User Content, which may not necessarily reflect the views of Nicole Miller. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Nicole Miller 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. Nicole Miller has no control over User Content once it leaves the Site, and it is possible that others may duplicate User Content on other sites on the Internet. Nicole Miller is not liable or responsible for any User Content that is duplicated, in whole or in part, by any third-party with or without Nicole Miller’s knowledge.
Digital Millennium Copyright Act
Nicole Miller respects the intellectual property rights of others and requests that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement via the Site, you may notify Nicole Miller by correspondence directed to Nicole Miller at 525 Seventh Avenue, New York, New York 10018, Attention: V.P. of Finance.
In order for us to effectively assist you, the notification must include ALL of the following:
(a) A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
(b) a description of the copyrighted work you claim has been infringed;
(c) information reasonably sufficient to locate the material in question on the Site;
(d) your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Nicole Miller and/or its legal counsel to contact you;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s) or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Nicole Miller is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Site, including material you provide to us, and has an absolute right to remove any material from the Site in its sole discretion at any time.
Third-Party Web Sites, Resources, and Applications
You may be able to access or use the Site from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able to access and use a Linked Site from a link available on the Site. You acknowledge and agree that Nicole Miller has no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such Linked Sites on the Site does not imply Nicole Miller’s endorsement, sponsorship, or recommendation of that site or of any product(s) or service(s) offered by that site. Nicole Miller disclaims any liability for Linked Sites. Nicole Miller does not guarantee the standards or practices of any Linked Site nor shall Nicole Miller be held responsible for the contents of such Linked Sites. For this reason, Nicole Miller does not represent or warrant that the contents of any Linked Site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Nicole Miller is not responsible for web-casting or any other form(s) of transmission received from any Linked Site. Any reliance on the contents of a Linked Site is done at your own risk, and you assume all responsibilities and consequences resulting from any such reliance.
The creation and operation of a hyperlink to the Site can only be made with the prior written authorization of Nicole Miller. Nicole Miller can, in its sole discretion, temporarily or permanently, at any time, revoke any such authorization without liability.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENTS, FUNCTIONS AND MATERIALS HEREIN, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND/OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NICOLE MILLER HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENTS, FUNCTIONS, OR MATERIALS CONTAINED HEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NICOLE MILLER ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE AND/OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ITS CONTENTS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY(IES) OR OMISSION(S) CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, NICOLE MILLER AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SITE AND/OR THE INFORMATION CONTAINED ON THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE ON THE SITE OR OTHERWISE BY NICOLE MILLER OR ITS AGENTS.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NICOLE MILLER, OR ANY OF ITS 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 OR THE CONTENTS, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENTS POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
Jurisdiction and Applicable Law
Entire Agreement and Admissibility
Effective Date: November 7, 2011
2. Personal Information
Nicole Miller recognizes the importance of protecting the privacy of everyone who visits the Site. Your privacy is a serious matter to us. In order to make your visits to the Site and use of the related services as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer each time you visit us. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. In addition, we may automatically collect anonymous usage information, including the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. We use this information to help us understand how people use the Site, and to enhance the products and services we offer.
We collect e-mail information to provide a more personalized and relevant experience. If you give us your e-mail address, we will send you e-mails about Nicole Miller and its products. If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from Nicole Miller (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section below). You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
Subject to the following paragraph, Nicole Miller will neither disclose nor sell any information about you to a party unaffiliated with or unrelated to Nicole Miller except (i) to comply with applicable laws, regulations, subpoenas, or court orders or otherwise respond to government inquiries; (ii) to protect the rights or property of Nicole Miller or its affiliated or related entities, or (iii) if Nicole Miller reasonably believes that you have used information from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of the public.
3. Third-Party Service Providers
Nicole Miller may appoint third-party service providers to administer and/or operate certain functions or services relating to the Site or Nicole Miller’s operations and business, the proper performance of which may require a transfer of the information submitted by you. Any such transfer shall be under strict confidentiality and security obligations.
4. Unsolicited Materials
5. Right To Opt Out
If you sign up to receive information from Nicole Miller, but later decide that you no longer want to receive such information, you may contact Nicole Miller at any time to cancel any such option. If you have previously opted out of receiving e-mails from us, providing updated information will act as an ‘opt back-in’. If you want to opt-out of receiving promotional e-mails, simply click on the unsubscribe link located on the bottom of all of our e-mails or e-mail email@example.com to opt-out of receiving e-mail correspondence from us in the future. Please note that requests may take up to six to eight weeks to become effective.
Cookies are pieces of information that a website may transfer to your browser that are then stored in your computer system. Cookies are returned to the website that deposited them when a visitor returns to that site. The deposit of cookies by the Site will allow Nicole Miller to save your preferences for your next visit. Nicole Miller’s cookies may also measure the general activity on the Site, which allows us to determine which areas and features are most popular. This information allows Nicole Miller to make improvements to the Site. Most web browsers are set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent.
Protecting your information is of primary concern to Nicole Miller. Nicole Miller stores the information that it collects on a secure server. Notwithstanding the foregoing, no transmission of information over the internet is guaranteed to be completely secure. It is possible that third-parties not under the control of Nicole Miller may be able to access or intercept transmissions unlawfully. While Nicole Miller will use all reasonable attempts to keep your information secure, we cannot absolutely guarantee that security. Thus, any information you transmit to us is at your own risk.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals purporting to represent a legitimate company such as a bank or on-line merchant, to send e-mail messages to consumers requesting that the consumer provides personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, appear to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing.”
If you receive an e-mail or other correspondence requesting that you provide any sensitive information via e-mail or to a website that does not seem to be affiliated with the Site but which purports to be from and/or affiliated with Nicole Miller, or that otherwise seems suspicious to you, please do not provide such information, and promptly report such request to us.
9. Children and Privacy
Nicole Miller does not intend to collect any personal information from anyone under the age of eighteen (18) years of age. If we learn that someone under the age of eighteen (18) has provided Personal Information to and/or through the Site, we will promptly remove such information from the Site’s files.
10. Consent to Processing
The Site is hosted and operated in the United States pursuant to United States law. By transmitting Personal Information to and/or through the Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
11. Third-Party “Linked-To” Websites
13. Contact Us
If you have any questions or comments regarding our privacy practices, you may contact us at firstname.lastname@example.org or write to Kobra International, Ltd. d/b/a Nicole by Nicole Miller, 525 Seventh Avenue, New York, New York 10018, Attention: V.P. of Finance.
Effective Date: November 7, 2011