Terms Of Use


TERMS OF USE, NOTICES & DISCLAIMERS

 LAST UPDATED: MAY 1, 2014

When you use this website, you are automatically agreeing that both your access to the site and your use of it are:

Subject to the terms and conditions in this legal notice, which may change at any time without notice.

Subject to all applicable laws.

Undertaken at your own risk. 

Please refer to this page frequently to review our current terms and conditions of use.

Age restrictions:

WILKWEAR.com and WILKWEAR, LLC (WILKWEAR) do not sell products online directly to children. If you are under 18, you may browse WILKWEAR.com only with the supervision of a parent or guardian. Purchases for children's products online may only be made by an adult.

LEGAL POLICIES

Disclaimer of liability: We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assignof each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

No confidentiality: Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. WILKWEAR has a formal procedure for those wishing to share a suggestion or idea with us. If you do not follow these procedures, any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

Applicable law: By visiting this website, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

Disputes: Any dispute relating in any way to your visit to our website or to products purchased here shall be governed, construed, and enforced in accordance with the substantive law of the State of Delaware, U.S.A. You consent to the exclusive jurisdiction of the state or federal courts of the State of New Jersey.

Protecting your information: As part of our ongoing commitment to ensure that your shopping experience with WILKWEAR.com is protected, WILKWEAR will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.

USER CONTENT

This website, mobile application or other WILKWEAR product or service that you access (collectively, thWW Platform) may contain message boards, forums, bulletin boards, contests, sweepstakes, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials, including artwork, audio recordings, copy, images, music, photography, text, video recordings, ideas, communications, designs, graphics, opinions, written materials and/or other materials (collectively, "User Content") on or through the WW Platform.

All User Content must comply with the Content Standards set out in these Terms of Use. Any User Content you post to the WW Platform will be considered non-confidential and non-proprietary. All User Content that you submit on the WW Platform is governed by the following license terms (“License):

1. You grant to WILKWEAR an irrevocable, nonexclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness, biographical data or any other of your rights of publicitin connection with the User Content. WILKWEAR is entitled to assign or sublicense all or a portion of this License in its entirety, without payment to you.

2. You acknowledge and agree that: (a) WILKWEAR has the right to arrange the posting of User Content in any way it desires in WILKWEARs sole discretion; (b) WILKWEAR has no obligation to provide you with any credit when using your User Content, but in the event WILKWEAR chooses to provide you with credit the size and placement of the credit is at WILKWEAR’s sole discretion; (c) you waive any moral rights” that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from WILKWEAR in connection with the User Content. You understand that WILKWEAR will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should WILKWEAR use your User Content.

3. You represent and warrant that: (a) you have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark ancopyrights therein; (d) no third party is entitled to any compensation or payment as a condition for WILKWEAR’s use and exploitation of the User Content; and (e) the User Content conforms to the Content Standards described below.

CONTENT STANDARDS

WILKWEAR expects all of its users to be respectful of other people. If you notice any violation of these Content Standards or other unacceptable behavior by any user, you should report such activity to WILKWEAR by email at INFO@WILKWEAR.COM.

You are solely responsible for the User Content that you post on the WW Platform or transmit to other users and agree that you will not hold WILKWEAR responsible or liable for any User Content from other users that you access on the WW Platform. Any User Content you provide to WILKWEAR should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge, as applicable.

Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. WILKWEAR will make the sole determination as to whether or not User Content is acceptable for the website. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

  include photographs, depictions or references to any people other than yourself, unless you have obtained     all necessary permissions from those people;

include any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners;

contain music (unless WILKWEAR specifically invites you to include particular music in User Content in a particular situation);

contain material that otherwise infringes or violates another party’s right of publicity, right of privacy or intellectual property rights of any person or company;

contain any e-mail addresses, URLs, phone numbers, physical addresses or other forms of contact information;

threaten or harass or promote racism, bigotry or hatred of any kind against any group or individual;

promotes or encourage actual violence against a person;

be inaccurate, false or misleading in any way, including, but not limited to, User Content that falsely impersonates any person or organization, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or User Content submitted by another user of the WW Platform;

be illegal or promote any illegal activities;

provide links to any external websites that violate these Content Standards, the Terms of Use or the WW Platform’s Privacy Policy;

promote illegal or unauthorized copying of another person’s copyrighted work or links to websites where infringing content can be found or provides information to circumvent security measures;

contain “masked profanity (i.e., F*@&#);

contain software viruses or any other computer code, files or programs designed to interrupt, destroor limit the functionality of any computer software or hardware or telecommunications equipment;

contain any advertising, promotional materials, junk mail,” spam, chain letters,” pyramid schemes, or any other form of solicitation or reference to any other product, offer or website; or

does not otherwise comply with these Terms of Use.

WILKWEAR is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Content Standards. WILKWEAR will make all determinations as to what User Content is appropriate in its sole discretion. WILKWEAR may include or remove any User Content at any time without notice.

You understand that when using the WW Platform, you will be exposed to User Content from a variety of sources, and that WILKWEAR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.

By submitting your email address in connection with your User Content, you agree that WILKWEAR and its third party service providers may use your email address to contact you about the status of your User Content and other administrative purposes.

USER CONTENT AND ELIGIBILITY TO PARTICIPATE IN CERTAIN SPORTS ORGANIZATIONS

WILKWEAR has invited you to post non-commercial User Content on the WW Platform. Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post User Content on the WW Platform, even User Content that you believe is noncommercial in nature. It is your responsibility to determine whether posting User Content on the WW Platform will affect your eligibility to participate in any sport under any applicable rules of any sports organization.

COPYRIGHTS & TRADEMARKS

Copyright:

The following elements of this website are the property of WILKWEAR, LLC or our suppliers and are protected by United States and international copyright laws:

  All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship—both individually and as they are compiled on the site.

All software.

Trademarks:

The trademarks or trade dress of WILKWEAR and our affiliates may not be used without our written permission. Trademarks or trade dress include the WILKWEAR name and logo, and other graphics and other indicia of origin of WILKWEAR products, services, and programs, and those of our affiliates.

All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Use:

You have permission to electronically copy and print hard copies of pages from this website solely fopersonal, non-commercial purposes related to placing an order or shopping with WILKWEAR.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited.

Errors and inaccuracies:

Our goal is to provide complete, accurate, up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change oupdate information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

TERMINATION OF ACCESS

In addition to any right or remedy that may be available to WILKWEAR under these Terms of Use or applicable law, WILKWEAR may suspend, limit or terminate your account, or all or a portion of your access to the WW Platform, at any time with or without notice and with or without cause. In addition, WILKWEAR may refer any information on illegal activities, including your identity, to the proper authorities.

INDEMNITY

You agree to defend, indemnify and hold harmless WILKWEAR, and all of WILKWEAR’S officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the WW Platform or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.