Last Revised: [January 14, 2010]
We may need to change this Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to this Policy, and your continual use of the Site subsequent to any changes to this Policy will mean that you accept such changes. Therefore, please bookmark this page and review it periodically to assure familiarity with the most current version of this Policy. We will post all changes to this Policy on the Site so that you will always know what information we gather, how we might use that information, and when and how we will disclose that information. You can tell that this Policy has been updated by checking the last revised date posted on the top of this page. If due to such changes, you decide that you want to remove any portion of your personal information from our database, please notify us at email@example.com.
Information We Collect and Track. Theory collects and retains two types of information about Site visitors: (i) personal information that individual visitors provide when interacting on the Site, or voluntarily provide on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is automatically collected from every Site visitor and recorded on our log files, (collectively, “Information”). The Information that we gather may include your name, title and address, telephone number, email address, birth date and credit card number as well as other elements of personal information.
In addition, if you contact us, we may keep a record of your correspondence, including any Information contained therein.
You may decline to provide any personal information, but please realize that you thereby may be unable to register on the Site or to participate in activities or services offered by Theory on the Site.
The tracking data we record includes, without limitation, information regarding the number and frequency of visits to the Site, the items you viewed and/or purchased, the websites that you access before and after you visit the Site, the software used to access the Site, and your IP address and Internet service provider related information. The tracking data we record may include the location of your computer.
How We Use Your Information. The Information that we collect and that you provide to us is used for our business purposes and the purpose for which you provided it, including, without limitation, to respond to your requests or correspondence. Theory may also use the Information to contact you about the Site or to request your input regarding ways in which we might improve the Site. We may also use your Information to inform you about Theory’s activities, promotions, products, services and events in which Theory thinks you may be interested. The Information may also be analyzed so that we can provide you with useful information and can serve you in the best manner possible through enhanced features and functions on the Site.
We provide certain Information to third party service providers who perform specific functions on our behalf. For example, we may share your mailing address and other contact information with our delivery partners, and certain of our service providers (i.e., web hosting, credit card processing, catalog management and others) may have access to all or parts of the Information we maintain. All such Information provided to third parties is limited to the Information needed to perform their functions. We seek to limit third-party use of Information; however, we are not responsible for such third-party use of Information that is not in compliance with this Policy.
Theory may make certain Information, including, without limitation, your name address and email address, available to its affiliates and related companies. Our affiliates and related companies may contact you directly regarding certain promotions. This information is never sold, and if you would like to opt out of having Theory share your name, title address and email address with its affiliates and related companies, please contact our Customer Service Department.
Theory may use certain tracking data. Tracking data information may be used for a variety of purposes, including but without limitation, to compile statistical, demographic or aggregated information about visitors to the Site generally, or for load balancing metrics and also may be used to create reports on user demographics and the traffic patterns of the Site. The reports that are generated from tracking data are used for a variety of purposes, including, for example, to improve the Site and our services.
User Postings. You should be aware that any content posted by you to the Site may be read, collected or used by other Site visitors. Theory is not responsible for the third-party use of any Information provided in such manner. By participating in the use of Site, you consent to Theory’s use or disclosure of any content that you submit.
Transfer of Information to Third Parties Upon a Sale or Change of Control. We retain the right to transfer or assign all Information pursuant to a merger, sale, reorganization, purchase or other transaction relating to Theory, its related companies or their assets if the assignee or purchaser agrees to abide by the terms of this Policy.
How Your Information Is Protected. We take reasonable precautions to protect your Information from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards for your Information. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your Information. In addition, because Internet communication is unsecure, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information.
Other Communications. From time to time, we may email users of the Site information regarding marketing events or other developments at Theory. We may also email users on occasion regarding the Site. Such emails may be sent to users of the Site even if they have not requested to receive any communication from us.
Referrals. If a user elects to use our referral service to inform another person about the Site or Site features, we may request the name and email address of such other person. Theory will automatically send a one-time email inviting such other person to visit the Site or to purchase items from Theory. Theory stores this information for the sole purpose of sending this one-time email.
Links to Third-Party Sites. The Site may contain links to websites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any information.
Children Under the Age of 13. Theory is concerned about the privacy protection of children who access the Internet, and we comply with the Children’s Online Privacy Protection Act (COPPA). Accordingly, the Site is not intended for use by anyone under the age of 13 without the supervision of a parent or guardian, and we do not knowingly collect Information from anyone under 13 years of age without the consent of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, you may rely on your parent or guardian to assist you.
Compliance With Laws. We reserve the right to disclose any Information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
Applicable Law. This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
How You Can Update or Correct Your Information and Contact the Site. Please contact us via our Customer Service Department if you have any questions or concerns regarding the Site, this Policy or if you would like to update or correct you Information.
Last updated [January 14, 2010]
You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.
Ownership of Content. Our Site includes a combination of content that we, our users and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us at firstname.lastname@example.org.
THEORY is a registered trademark owned by [Theory] and may not be used or displayed without the prior written consent of Theory. Other trademarks, service marks and company names and logos appearing on the Site are the property of Theory, its affiliates or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.
Posting and Transmitting Content. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Site (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by Theory in its sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Theory or its service providers.
Grant of License. You certify that you own all intellectual property rights in Your Content. Theory and its service providers will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting or transmitting Your Content on or through the Site you grant Theory a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes. Please do not send us any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary. You agree that any information that you provide us will be covered by the license granted herein.
Site Directed at United States Visitors. The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
Product Information. Merchandise displayed on the Site may be available in select Theory stores (including, without limitation, the Site) or department stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available for purchase. Theory tries to maintain accurate information on the Site regarding product availability, size and pricing, however, Theory does not guarantee that any such information will be accurate. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and Theory cannot guarantee that your monitor’s display of any color will be accurate.
Site Transactions. Theory reserves the right to refuse, in its sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by Theory). Theory further reserves the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, Theory will attempt to notify you of such cancellation or change; however, Theory does not guarantee that you will receive such notice.
Disclaimers. We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE SITE WILL BE CORRECTED.
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
Limitation of Liability. IN NO EVENT SHALL THEORY OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site (including the exact URL);
- an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not Theory, can contact you;
- a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
All notices should be sent to our designated agent as follows:
38 Gansevoort Street
New York, NY 10014
Attn: Website Manager
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
Our Address. Please send any questions or comments regarding this Site to:
38 Gansevoort Street
New York, NY 10014
Attn: Customer Service