Please read the terms and conditions of use set forth below ("Terms") carefully before using or accessing any pages in this website. By using or accessing this web site you signify your acknowledgment and assent to the Terms. If you do not agree to these Terms, please do not use this website.
- a. The chiccoshop.com web site and all associated web pages (collectively, the "Chicco Site") is the property of Artsana USA, Inc. ("Artsana," "we" or "us).
OWNERSHIP AND COPYRIGHT.
- a. The Chicco Site contains information which is our property regarding brands, products, services and promotional programs, including advertising, trademarks, pictures, information, digital images, featured articles, surveys, applications, contests, sweepstakes, or other content (collectively, "Content"), each of which (whether registered or not) is protected under copyright law and/or other federal and state laws.
- b. The Chicco Site is copyrighted as a collective work under the United States copyright laws. We own the copyright in the overall selection, coordination, arrangement and enhancement of such content, and own the rights in (or license to use) the individual components of such content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, except that you may view and print the Content for your personal use only. This limited authorization is not a transfer of title in the Content and, by your use of the Chicco Site, you acknowledge that you do not acquire any license, ownership or other rights to the Content or intellectual property.
- c. Modifications of the Content without our authorization may be a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any of our Content on any other web site without our express written consent is prohibited.
- d. We reserve the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery for any damages and any associated legal and other costs incurred by us and criminal prosecution when and where appropriate.
- e. All registered trademarks are registered in the United States of America or other applicable jurisdictions.
- a. We are pleased to hear from our customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with our formal procedures for idea submission, which are available on request. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to us or postings on interactive portions of this website, is our property. If you send us such Communications, you are providing them to us on a non-confidential basis, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications.
- b. We are free to use any Communications for any purpose whatsoever including but not limited to publishing them and or developing, manufacturing, and marketing products using them. By submitting Communications to us through this website, through e-mail, or through any means other than through the formal procedures for idea submission, you hereby release us from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications.
- c. By uploading or otherwise providing any Communications to the Chicco Site or to us, you hereby grant us, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.
CHICCO CLUB, INTERACTIVE AREAS, PERMITTED USES AND CODE OF CONDUCT
- a. To gain access to the Chicco Club web pages or other interactive portions of the Chicco Site, you may have to provide us with certain information using the registration tools provided.
- b. All Chicco Club members will initially be provided with a user name and password to access the Chicco Club Site. At your initial log-in you may be requested to reset your password and you may also be required to reset your password every 90 days. You are responsible for keeping your user name and password secure and confidential. You should not share, display, disclose or permit your user name and password to be disclosed to any other party. If your user name and password is disclosed or discovered by another party, you should contact us immediately. You are responsible for use of the Chicco Site when access is obtained through the use of your user name and password, whether authorized or unauthorized.
- c. You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Chicco Site. We reserve the right to withdraw or cancel user names and passwords at any time without notice and in our sole discretion. We may allocate a new user name and password where we have reason to believe that any user name and password has been inappropriately disclosed, discovered, used or misused by any anybody, or for any other reason.
- d. We do not ordinarily filter, censor, edit or regulate information and content provided by third parties on the Chicco Site, including Communications provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.
- e. You must use the Chicco Site for lawful purposes only. When participating in interactive portions of the Chicco Site, you represent that you are at least thirteen (13) years old, have proper right and authorization to use any information or content you upload or post, and you agree to abide by the following code of acceptable conduct.
- i. You agree that any information you provide through interactive areas of the Chicco Site (including the Chicco Club) will be accurate and truthful.
- ii. Any conduct by you that, in our opinion, restricts or inhibits any other user from using or enjoying the Chicco Site will not be permitted.
- iii. The framing, mirroring, scraping or data-mining of the Chicco Site or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited.
- iv. You shall not post or transmit through the Chicco Site any information or material that:
- 1. violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy, proprietary or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable to us in our absolute discretion;
- 2. could cause or introduce a software virus or other disruptive program;
- 3. encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms;
- 4. contains any advertising or any solicitation; or
- 5. otherwise violates any of these Terms.
THIRD-PARTY CONTENT, PRODUCTS AND SERVICES AND LINKS.
- a. The Chicco Site may contain links to other Web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, quotes, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Applications, Software or Content"). We do not investigate, monitor or check Third-Party Sites and Third-Party Applications, Software or Content for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness, and neither we nor any of our agents, employees or representatives have any control or are responsible for any Third-Party Sites accessed through the Chicco Site, or for any Third-Party Applications, Software or Content posted on, available through or installed from the Chicco Site, including without limitation, the content, accuracy, offensiveness, appropriateness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us.
DISCLAIMER OF WARRANTIES.
- a. You understand that your use of the Chicco Site is solely at your own risk and that we are not responsible for any damage to your computer, mobile device or any other equipment or any corruption, unauthorized access to or loss of data that may result from your use of the Chicco Site.
- b. The Chicco Site and the Content and any Third Party Applications, Software or Content available on or via the Chicco Site are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS SHALL BE AT YOUR SOLE RISK.
- c. WE MAKE NO WARRANTIES THAT THE CHICCO SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT, OR OTHER MATERIAL OBTAINED ON OR THROUGH THE CHICCO SITE, WILL MEET YOUR REQUIREMENTS, OR THAT THE CHICCO SITE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR TIMELY, SECURE, NON-INFRINGING OR ERROR-FREE.
- d. UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES OR SUBSIDIARIES OR OTHER THIRD PARTIES MENTIONED IN, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OR USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEB SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR MISUSE OF ANY COMPUTER OR SYSTEM) WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
- e. To the extent some jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
- a. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of laws. By using the Chicco Site, you agree to bring any claim or suit in, and submit to the exclusive jurisdiction of the Court of Common Pleas of Berks County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. Any cause of action you may have with respect to your use of the Chicco Site must be commenced within one (1) year after the claim or cause of action arises.
- b. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion hereof, to be unenforceable, that provision or portion thereof shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
- c. These Terms constitute the entire agreement between you and us with respect to your use of the Chicco Site. The Terms of the Chicco Site do not alter the provisions of any other type of express written agreement manually signed by you and us.