Dooney.com Terms & Conditions
EFFECTIVE November 1, 2016
INTRODUCTION AND ACCEPTANCE
These “Terms” apply to the Web Site controlled by Dooney & Bourke, Inc. or its affiliated entities (sometimes referred to as “Dooney”, “dooney.com”, “us”, “we”, or “our”) where these Terms are posted (“Web Site”), whether accessed via personal computers, mobile devices or otherwise (collectively, (“Access Device”)).
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE WEB SITE, YOU AGREE TO THESE TERMS. DO NOT USE THE WEB SITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE WEB SITE IF YOU DO NOT AGREE.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Web Site are the registered and/or unregistered Trademarks of Dooney, or such other third party that may own the displayed Trademarks. Nothing contained on this Web Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Web Site without the written permission of Dooney or such other third party that may own the displayed Trademarks.
Site Contents and Copyright:
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Web Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites without our prior written authorization. Access to and uses of this Web Site are solely for your purchase of Dooney products for personal use, information, and communication with Dooney. You may download, copy or print the Content of this Web Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Web Site is transferred to you as a result of any downloading, copying, printing or using this Web Site. All rights not expressly granted to you by these Terms are reserved.
Content You Submit:
From time to time, the Web Site may facilitate your posting of content, such as for product reviews, blogs, chat rooms, sharing from your social-media accounts, or other similar purposes. When you choose to submit content, you agree as follows:
a. You are the sole author and owner of all rights in such content, and any statements you make are accurate.
b. The content you submit does not violate any of the Terms (including but not limited to Section 3 below). Without limiting the foregoing, you will not post content that: (i) is known by you to be false, inaccurate or misleading; (ii) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or (iv) is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
c. You grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. In connection therewith, you waive any “moral rights” you may in such content.
d. We may, in our discretion, use or not use, publish or not publish, delete or remove, any content you submit, and you may or may not have the ability to edit or delete any content you have submitted. We reserve the right, but have no obligation, to review any content prior to posting, and to refuse to post, or to remove, any content for any reason.
e. You are solely responsible for the contents of your submission. You agree to indemnify and hold us, and our officers, directors, agents, subsidiaries, employees and third-party service providers, including but not limited to Bazaarvoice, Inc., harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of content you submit.
If you include an email address or other contact information with a rating or review, we and/or our third-party service provider(s) who administer ratings and reviews may use such information to contact you about the status of your review and other administrative purposes.
WEB SITE ACCESS, CONTENT AND PROHIBITED USES
You may not circumvent, disable or otherwise interfere with security-related features of the Web Site, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Web Site or Web Site Content. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, transmit Content or any element of the Web Site, except as permitted by these Terms.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. You may not rely on any information expressed on the Web Site for any other purpose than permitted by these Terms. Dooney undertakes no obligation to update, amend or clarify information on this Web Site, including without limitation, product descriptions, product availability, or pricing information, except as required by law. No specified update or refresh date applied on this Web Site should be taken to indicate that all information on the Web Site has been modified or updated. Please remember when reviewing information on this Web Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Web Site to become inaccurate or incomplete.
You are prohibited from using the Web Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Web Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Web Site, other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Web Site in our sole discretion for any or no reason without notice and without liability.
CONDITIONS FOR THIRD-PARTY LINKING TO WEB SITE
In limited circumstances, we may permit third-party links to the Web Site home page from any website that is not commercially competitive with the Web Site and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the Web Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Web Site, the posting of those links or associated content does not constitute Dooney’s endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Web Site, the sale and purchase of those products and services does not constitute Dooney’s endorsement of the same. Dooney is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Web Site may be located in different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party's terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
In order to access or use some (or potentially all) of the features of the Web Site, you may have to become, and remain opted-in as a registered user. If you are under the age of majority in your place of residence, then you are not permitted to register as a user or otherwise submit personal information to Dooney.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Web Site at: firstname.lastname@example.org; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
The Web Site may include certain features and services that may be available via your mobile phone, including, without limitation, the ability to access the Web Site from your mobile phone (collectively, the "Mobile Services"). We do not charge for Mobile Services. Your carrier’s normal messaging; data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Web Site to reflect this change.
COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Web Site for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable Additional Terms. You agree that Dooney shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Web Site.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to service@)dooney.com.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Web Site Content and Web Site Content on your Access Device.
COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Carolyn Donahue. The agent can be reached at (203) 853-7515, email@example.com, or via U.S. Mail at P.O. Box 841, Norwalk, CT 06856.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Dooney will remove or disable access to the content that is alleged to be infringing;
2. Dooney will forward the written notification to the alleged infringer; and
3. Dooney will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification:
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Dooney, the alleged infringer will have the opportunity to respond to Dooney with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Dooney’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Dooney may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the State of Connecticut without regard to its conflict of laws rules. Any legal proceedings against Dooney that may arise out of, relate to, or be in any way connected with our Web Site, these Terms or applicable additional terms, shall be brought exclusively in the state and federal courts located in Fairfield County, Connecticut, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Events Beyond Our Control:
You expressly release Dooney from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications and Cross Border Transfer of Personal Information:
By registering via this Web Site or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Web Site users located outside of the United State agree that your personal information may, at times, be accessible by individuals who are located worldwide including in countries that may not provide the same level of data protection as in your country. By providing us with your personal information, acknowledge, agree and consent that such information will be transferred to our servers located in the United states, and you consent to our use of it in accordance these Terms, including the transfer of your personal information across international boundaries.
Entire Agreement and Conflicting Terms:
Terms of Purchase:
When purchasing any goods or services via this Web Site, the applicable terms for orders, payment, returns and guarantee are posted on this Web Site. Please review those terms carefully. Without limiting the foregoing, Dooney & Bourke reserves the right to reject or cancel any order at any time and provide a refund of any amounts paid.
We may amend these Terms at any time. If we make a material change that affects your rights, we will post a notice on the Web Site and/or send an email to users who have provided an email address. Check back periodically for updates. Continued use of this Web Site after an amendment becomes effective constitutes agreement to the updated Terms.
Dooney & Bourke
P.O. Box 841
1 Regent Street, Norwalk, CT 06855