Last updated November 3, 2016
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).
As between You and MJI, MJI owns, solely and exclusively, all rights, title, and interest in and to the Site(s) and 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(s), and the compilation of the content, code, data, and materials on the Site(s), 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, or has a valid right from a third party to use such material on the Site(s). Your use of the Site(s) does not grant to You ownership of any content, code, data, or materials that You may access on the Site(s), nor does it grant You any license to use or display the same except as permitted on the Site(s) itself.
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.
MJI owns, or has a valid right from a third party to use, all copyrights for all material on the Site(s) and all trademarks, service marks, trade names, logos, and domain names used on or in connection with the Site(s). The trademarks, logos, service marks, and trade names (collectively, the "Trademarks") displayed on the Site(s) are registered and unregistered Trademarks of MJI and/or others 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 on the Site(s) grants, by implication, estoppel, or otherwise, any license or right to use any Trademarks on the Site(s) without the prior written permission of MJI or the third party that may own the applicable Trademark. Any modification or use of such materials or Trademarks from any of the Site(s) for any purpose not explicitly permitted in writing by MJI is strictly prohibited and is a violation of these Terms. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Site(s) without the prior written permission of MJI or the applicable rights holder. MJI will enforce its Trademark rights to the fullest extent of the law, including by seeking criminal prosecution.
You are responsible for Your use of the Site(s), and for any use of the Site(s) and its/their content made using Your account. You warrant and agree that You shall not: (a) use the Site(s) for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; impersonate any person or entity or misrepresent Your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site(s) for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site(s).
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.
As between You and MJI, 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, email, or otherwise make available on or through any of the Site(s). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that You waive any moral (or similar) rights that You may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way You are not happy with.
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.
MJI respects the intellectual property rights of others. MJI will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, MJI has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a description of where the material that you claim is infringing is located on the Site; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) your name, address, telephone number and email address (if available); 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 the copyright owner's behalf.
Please send all of the information listed above to Our copyright agent:
Marc Jacobs International, LLC
72 Spring Street
New York, New York 10012
Email: [email protected]
You agree to defend, indemnify, and hold MJI, its parent company, their respective affiliated and related companies, and each of their respective directors, officers, members, managers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including reasonable attorneys' fees, which any of them may incur arising in any way from Your misuse of the Site(s), Your placement or transmission of any message, content, information, software, or other User Content or Feedback through the Site(s), or Your breach or violation of the law or of these Terms. MJI reserves the right, at its own expense, but is not obligated, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with MJI’s defense of such claim. This provision does not require You to indemnify MJI for any unconscionable commercial practice by MJI or for MJI’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites or any services provided hereunder.
MJI is not responsible for third party websites that link to or from any of the Site(s). The inclusion of any link to such third party websites on any of the Site(s) does not imply Our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any such third party sites are accurate, compliant with local, state or federal law, including any intellectual property laws. MJI disclaims all responsibility for any viruses or malicious code that may appear on any third party websites, and for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site. Any reliance on the contents of a third party website is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance. MJI shall not be held liable or responsible for the content of any sites that link to or from any of the Site(s).
The Site(s), including, without limitation, all services, content, functions, and materials, is/are provided "as is" and "as available," without warranty or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions for information, data, data processing services, uptime, or uninterrupted access, any warranties or conditions concerning the availability, accuracy, usefulness, or content of information, and any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose, and We hereby disclaim any and all such warranties and conditions, express and implied, to the maximum extent permitted by applicable law. We do not warrant that the Site(s) or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted, or error free, or that defects will be corrected. We make no warranty that the Site(s) will meet User's requirements. No advice, results or information, whether oral or written, obtained by You from Us or through the Site(s) shall create any warranty not expressly made herein. Using the Internet may expose You to certain risks. Neither MJI nor its parent or affiliates assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing in the Site(s) or Your downloading of any materials, data, text, images, video, or audio from the Site(s). If You are dissatisfied with the Site(s), Your sole remedy is to discontinue using the Site(s).
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).
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.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
In no event, including but not limited to negligence, to the maximum extent permitted under applicable laws, shall MJI, its parent company, their respective affiliates, any member of the LVMH Moët Hennessy Louis Vuitton family, or any of their directors, officers, members, managers, 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(s) or the content, materials, and functions related thereto, Your provision of information via the Site(s), lost business or lost sales, profits, or goodwill, even if such Protected Entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain Users. In no event shall any of the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Site(s).
In addition to the limitations of liability stated here, in connection with a cross-border purchase by a User, MJI’s entire liability, and your exclusive remedy for any product that is lost or damaged during international shipment, is further limited to the types and amount of damages described in the Terms and Conditions for International Shipments
of MJI’s shipping partner, Global-e.
MJI’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO ONE HUNDRED DOLLARS (USD $100.00).
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
We and our service providers control and operate the Site(s) from the United States of America. We do not represent that materials on the Site(s) are appropriate or available for use in locations outside of the United States of America. Persons who choose to access the Site(s) from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a trial by jury.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE:
You and MJI agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate MJI’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances MJI may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION:
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com
or 1-800-352-5267. To initiate arbitration, you or MJI must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR:
The arbitrator will decide the rights and liabilities, if any, of you and MJI, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MJI.
NO CLASS ACTIONS:
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL:
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and MJI in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MJI WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE:
You can decline this agreement to arbitrate by emailing MJI at [email protected]
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.
MJI may terminate, change, suspend or discontinue any aspect of the Site(s) or the Site(s)'s services at any time. If you violate any of these Terms, Your permission to use the Site(s) automatically terminates.
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.
The sections on indemnification, limitation of liability, and disclaimer of warranties do not apply to New Jersey residents.
All rights not expressly granted herein are reserved.
Effective Date: November 3, 2016
Please note that for sales outside of the US and Canada, payment is collected and processed by our international shipping partner Global-E.
You can find Global-E's terms and conditions on their website.
OFFICIAL RULES FOR THE JANUARY 2022 MARC JACOBS GIFT CARD SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
The January 2022 Sweepstakes (the “Sweepstakes”) begins on or about January 1, 2022 at 12:01 a.m. Eastern Standard Time (“EST”) and ends at 11:59 p.m. EST on January 31, 2022 (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select one (1) Grand Prize winner from among all eligible entries received during the Promotion Period as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Marc Jacobs International, LLC, located at 72 Spring Street, New York, New York 10012 (“Sponsor”), which shall be final and binding in all respects. This Sweepstakes is void where prohibited or restricted by law.
ELIGIBILITY: Legal U.S. residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry may participate in the Sweepstakes. Officers, directors and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively as the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Sweepstakes or win a prize.
Entry must be made by the entrant. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. If a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed invalid. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: Within two (2) weeks after the end of the Promotion Period, one (1) Grand Prize winner will be selected in a drawing from all eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor or its designee using randomization methods selected by Sponsor in its sole discretion. Each potential winner will be notified using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within three (3) business days of the first notification attempt, fails to return a signed Affidavit of Eligibility within two (2) business days of the Affidavit’s transmission to the potential winner, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit the applicable prize and an alternate prize winner may be selected. If any potential winner is found to be ineligible, or has not complied with these Official Rules in any respect, or declines the applicable prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded. Sponsor shall have the right (but not the obligation) to announce the winner’s name on any of Sponsor’s websites or any social media websites owned or operated by Sponsor.
PRIZES/ODDS: One (1) Grand Prize is available, consisting of a $500 marcjacobs.com gift card. The gift card may be redeemed on https://www.marcjacobs.com. The gift card may not be redeemed in Marc Jacobs retail stores, outlet stores, department stores or third-party e-commerce websites. Odds of winning depend on the number of eligible entries received during the Promotion Period.
GENERAL PRIZE CONDITIONS: No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within three (3) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s (and any minor winner’s parent or legal guardian) permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the survey or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the survey, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statute(s) of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at https://www.jamsadr.com.
WINNER’S LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, please send an e-mail to [email protected]. All such requests must be received within six (6) weeks after the end of the Promotion Period.
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