Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE 3rd Estate Clothing Company SITE. By using the 3rd Estate Clothing Company site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the 3rd Estate Clothing Company site.
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the 3rd Estate Clothing Company site and receipt of data, materials and information available at or through the 3rd Estate Clothing Company site, the possibility of our use or display of your Solicited Submissions (as defined below in the section entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
Use Of Content
All information, materials, functions and other content (including Submissions, as defined in the section entitled "SUBMISSIONS") ("Content") contained on 3rd Estate Clothing Company sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the 3rd Estate Clothing Company site or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any 3rd Estate Clothing Company site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the 3rd Estate Clothing Company site, except that where a 3rd Estate Clothing Company site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our services or brands. Any business use, "re-mailing" or high-volume or automated use of 3rd Estate Clothing Company sites is prohibited.
Submissions
In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, formats, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through a 3rd Estate Clothing Company site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a 3rd Estate Clothing Company site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration"); and (b) that you Distribute on or through any 3rd Estate Clothing Company site for which you do not seek Consideration. "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any 3rd Estate Clothing Company sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
Disclaimers
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO 3rd Estate Clothing Company SITESOR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY 3rd Estate Clothing Company SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY 3rd Estate Clothing Company SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).