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This Legal Statement contains the terms and conditions governing this site , and all sites of HBI Branded Apparel Enterprises, LLC (hereinafter, the “Sites”). Unless otherwise stated herein, any reference to “HBI” refers to HBI Branded Apparel Enterprises, LLC.
The content of the Sites is made available to you for your personal information and non-commercial use only. By accessing or using any of the Sites, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement and applicable laws. Do not use the Sites if you do not accept and agree to these terms and conditions.
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HBI owns the Sites and owns or has rights to use all of the wallpaper, icons, characters, artwork, images, graphics, music, video, text, software and other content of the Sites (the “Content”), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Sites (the “Code”). The Content and Code of the Sites are protected by copyright. Except for your personal, non-commercial use, you may not copy, distribute, modify, upload, download, transmit, re-publish, display or otherwise distribute any Code or Content for public or commercial purposes, without the prior written consent of HBI.
All names, logos and trade-marks that appear on the Sites are the property of HBI or are used by HBI under license. You may not use any of the foregoing for any purpose without the prior express written consent of HBI or of their respective owners.
Your failure to comply with this Legal Statement will constitute breach of contract and may be a violation of HBI’s copyright, trade-mark and other proprietary and intellectual property rights.
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Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trade-mark, copyright or other intellectual property or proprietary right of HBI, its affiliates or any third party.
Use of Information Submitted By You
This Legal Statement does not apply to personal information supplied by you through any of the Sites, such as your name, address, e-mail address, telephone number and similar information. Please see our Privacy Policy for information regarding our treatment of personal information.
The Sites may include sections where users can upload materials such as pictures, designs and videos or post comments. HBI does not control the information or materials posted in these sections of the Sites, unless otherwise noted therein. However, HBI reserves the right at all times to monitor, edit, refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion are objectionable or in violation of this Legal Statement or applicable laws, and to deny any user access to the Sites. Users of the Sites agree not to:
a) restrict or inhibit any other user from using and enjoying the Sites;
b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign laws;
c) post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the Sites or particular Site section;
d) post or transmit or in any way exploit any information or material available on the Sites for commercial purposes or post or transmit any solicitations for sales or purchases, advertising, promotion or marketing information or material;
HBI welcomes your comments and suggestions on its Sites and products, but HBI does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. Any information (other than personal information) that you communicate or submit to HBI in any form shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary. By submitting information to HBI, you warrant that HBI may publish such information, use it as part of its operations, and incorporate these concepts into HBI products without liability. More specifically:
By submitting, uploading or posting materials such as but not limited to, pictures, videos, design materials, ideas, concepts and comments to any of the Sites, you (a) declare and warrant that you have all necessary rights to submit such materials to the Sites, (b) declare and warrant that the information or material that you submit does not infringe the rights of third parties, and (c) automatically grant (or warrant that the owner of such material expressly grants) HBI, its subsidiaries, affiliates or authorized agents a worlwide, unlimited, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, including for developing, manufacturing and marketing products from or that incorporate or otherwise embody such materials, copy, display, transfer, adapt, edit, exploit, televise, broadcast, transmit, communicate, publicly display, distribute and create compilations and derivative works from, such submitted materials for any purpose whatsoever and in any manner, trade-channels, media or technology whatsoever, including, but not limited to all forms of television, wireless and online technology, now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.
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HBI publishes information on its Sites as a convenience to its visitors. Except for those Sites where products may be purchased, the Content of the Sites is provided for informational purposes only. While HBI attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sites at any time without notice. The HBI products described in the Sites may not be available in your region. HBI does not claim that the information in the Sites is appropriate to your jurisdiction or that the products described on the Sites will be available for purchase in all jurisdictions. Although HBI has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and HBI cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.
It is possible that some software that may be downloaded from the Sites is subject to government export control or other restrictions. By using the Sites, you acknowledge these restrictions and agree that you are not subject to them.
Visitors assume all responsibility and risk with respect to their use of the Sites. All information contained on the Sites is provided to you “AS IS” and HBI disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Sites, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose.
HBI disclaims any duty to update its Sites or modify their Content or Code, and HBI shall not be liable for its failure to update such information. HBI does not warrant that the Sites are free of computer viruses, bugs or other harmful components and does not warrant that the functionality of the Sites will be uninterrupted or error-free.
IN NO EVENT SHALL HBI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE SITES OR INFORMATION ON, OR ACCESSED THROUGH, THE SITES, EVEN IF HBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITES OR THEIR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING THE SITES.
For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, HBI and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:
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- Telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts, including such failures and problems having a negative impact on the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and HBI or preventing, in whole or in part, the transmission of such information, material, messages or instructions;
- your inability, at any time, to access any part of the Sites or their content, or the products, services, contest offered on the Sites;
- the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;
- the lack of reliability, prompt access or availability of the Sites or any part of their content and the products and services offered on the Sites; and
e. the failure of HBI to take corrective measures.
The exclusions and limitations mentioned above shall apply regardless of whether the claims, losses, costs, or damages are founded on a contractual or extra-contractual basis or on any other theory of liability, and these exclusions and limitations shall apply even if HBI is advised of the possibility of such claims, losses, costs or damages.
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HBI may monitor the access to the Sites and other activities in relation thereto. HBI may intervene to ensure compliance with this Legal Statement, but makes no representation and gives no warranty as to said monitoring. By using and accessing the Sites, you consent to said monitoring should HBI proceed therewith and to any eventual intervention.
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Links and references to other websites are provided to you as a convenience only. HBI has not reviewed and does not expressly or implicitly endorse the content of these websites and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of the Sites other than to the main page thereof, except if expressly permitted to do so by HBI.
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Communications via the Internet are susceptible to interception, loss or modification. Thus, no personal information should be transmitted by you to HBI by way of email, unless measures have been taken to ensure the security of the communication. You agree that HBI and its affiliates, as well as their respective directors, officers, and employees, assume no liability whatsoever towards you or a third party for any injury or damages suffered in relation to an email sent to HBI or by HBI on your request. You fully assume the risks associated with such a communication.
HBI reserves the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice.
HBI may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Sites.
In case of inconsistency between the terms and conditions that are specific to a particular HBI website or promotion and the general terms and conditions of this Legal Statement, the former should prevail.
The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
