Effective: November 1, 2009
Terms of Use
This website is owned, controlled and operated by
Empire Brands S.A. licensee of Jockey International, Inc. under the Domain name
www.jockey.com.pa
Please review these basic terms that govern your
access to and use of the Site. Your access to and use of the Site constitutes
your agreement to follow and be bound by these terms and conditions and other
applicable laws. If you do not agree to these Terms of Use, please do not use
the Site.
Empire Brands S.A. reserves the right, at its sole
discretion, at any time, for any reason, without prior notice to you, to modify,
in whole or in part, these Terms of Use, that governs your access to and use of
the Site. These Terms of Use will be posted on the Site with any modifications.
Your access to and use of the Site following any such change constitutes your
agreement to follow and be bound by those terms as changed.
Copyright
Unless otherwise noted, all materials, including, but
not limited to, text, images, illustrations, designs, icons, photographs, video
clips, code and other tangible or intangible materials that are used as part of
this Site is copyrighted as a collective work under the Panamanian and United
States and other copyright laws, and is the sole and exclusive property of
Empire Brands S.A You may display, download and print material from the Site,
such as store locations or product descriptions, solely for your personal,
non-commercial use only.
Except as noted above, any other use, including but
not limited to, the reproduction, publication, transmission, display, copying,
distribution, modifying or creating of derivative works from, selling or
participating in the sale of, or exploiting in any way, in whole or in part, the
Content of this Site for any other purpose, without Empire Brands S.A prior
written permission, is strictly prohibited. You may not modify in any way any
part of the Site or the information and data listed, including any proprietary
notices from materials downloaded or printed from the Site.
No right, title or interest in any Content, including
copyright thereto, is transferred to you as a result of any authorized or
unauthorized use of the Content of this Site.
Trademark
JOCKEY, Y-FRONT, Y-FRONT Design,
JOCKEY.COM, SWIRL Logo, Jockey
Figure Logos, and all other trademarks, logos and trade names used in this Site
are trademarks of Jockey International, Inc., whether registered or not. They
may not be used without Jockey's prior written approval. COOLMAX, LYCRA, MERYL
and TENCEL are the property of the applicable third party owner.
User Comments, Feedback, and Other Submissions
All comments, reviews, ratings, feedback,
suggestions, ideas, images, and other submissions disclosed, submitted or
offered to Empire Brands S.A. through this Site or otherwise disclosed,
submitted or offered in connection with your access to and use of this Site
shall be and remain Empire Brands S.A. property. Such disclosure, submission or
offer of any Submissions shall constitute an assignment to Empire Brands S.A. of
all worldwide right, title and interest, including all copyright or all
exclusive licenses to the copyright thereto as may be applicable, in the
Submissions, subject to any third party rights. Thus, Empire Brands S.A. will
own exclusively all such right, title and interest, including copyright or all
exclusive licenses to the copyright thereto as may be applicable, in the
Submissions, subject to any third party rights.
At its sole discretion and without limitation, Empire
Brands S.A has the right, but not the obligation, to post, store or otherwise
use, commercial or otherwise, the Submissions, in whole or in part, on the Site
and/or for any other purposes intended by these Terms of Use. Empire Brands S.A.
also reserves the right, at any time, but not the obligation, to review, alter,
edit, post, store, refuse to post or store, or to remove any Submissions, in
whole or in part, for any or no reason. Empire Brands S.A. is and shall be under
no obligation (1) to maintain any Submissions in confidence; (2) to pay to user
any compensation for any Submissions; or (3) to respond to any user Submissions.
You are and shall remain solely responsible for the
content of any Submissions you make. You agree that no Submissions provided by
you to the Site will violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s). You further agree
that no Submissions provided by you to the Site will be or contain any material
that is defamatory, libellous, threatening, obscene, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law, or
is otherwise inappropriate. The views, opinions, recommendations, and comments
submitted by you and any other content contained in the Submissions are solely
your own and your responsibility. Empire Brands S.A. does not endorse and
expressly disclaims any and all liability in connection therewith.
Communications Through This Site
This Site is intended for information purposes only.
We do not solicit personal information through this Site. You cannot communicate
with us through this Site, and we cannot respond to you directly. We welcome the
opportunity to answer any questions you may have and invite you to contact us
by:
Calling us any time at: (507) 209-1929
Sending us a fax at: (507) 209-1928
Email us at: info@jockey.com.pa
We look forward to communicating with you through this Site in the near future.
Product Information
This Site and the Contents are displayed solely for
the purpose of promoting Empire Brands S.A licensee of Jockey International,
Inc. products and services available in Central America, The Caribbean and
Ecuador.
Unless otherwise specified and except to the extent
Jockey® products are offered for sale in Central America, The Caribbean and
Ecuador through this site, other Jockey owned and operated website, or any
affiliated or unaffiliated third party website, this Site and the Content
thereof are displayed solely for the purpose of promoting Empire Brands S.A.
products and services available in Central America, The Caribbean and Ecuador.
Empire Brands S.A. has made every effort to display
as accurately as possible the colors of our products that appear on this Site.
However, as the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.
Links to Other Sites
Empire Brands S.A may provide links to websites
operated by affiliated or unaffiliated third parties. To the extent that this
Site contains links to such third party websites, the availability and content
of which Empire Brands S.A. does not control, any concerns regarding any such
websites, or any link thereto, should be directed to that particular third party
website owner. Third party websites each have their own, separate terms and
conditions, privacy and data collection practices, independent of Empire Brands
S.A. These Terms of Use and Empire Brands S.A Privacy Notice do not apply to
your access to and use of any third party website linked through this Site. You
are solely responsible to read the terms and conditions and privacy policies of
any third party website that you have linked to from this Site. You acknowledge
and agree that Empire Brands S.A is not responsible or liable for the
availability of any third party website or for any content, advertising,
products, services or other materials, or the accuracy thereof, on or available
from such third party website. Links to third party websites do not constitute
an endorsement by Empire Brands S.A of any such website, the website owner, or
the products or services available on or through the third party website. You
acknowledge that Empire Brands S.A is providing these links to you only as a
convenience.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND
ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT 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. YOU ACKNOWLEDGE, BY YOUR ACCESS TO AND USE OF THE SITE THAT IT IS AT
YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICEING OR REPAIRS OF ANY EQUIPMENT OR ANY COMMUNICATION
NETWORK OR LINES YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE,
AND THAT EMPIRE BRANDS S.A. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
RELATED TO YOUR ACCESS TO AND USE OF THE SITE. EMPIRE BRANDS S.A. FURTHER MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF COMPLETENESS OF THE USER
SUBMISSIONS ON THE SITE, THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO OR FROM THIS SITE. EMPIRE BRANDS S.A. ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE.
Limitation on Liability
IN NO EVENT SHALL EMPIRE BRANDS S.A., ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE, WHETHER OR NOT EMPIRE BRANDS S.A. IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FORGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLLICABLE JURISDICTION.
Indemnification
You agree to defend, indemnify and hold harmless
Empire Brands S.A., its officers, directors, employees and agents, from and
against any and all claims, damages, losses, costs and expenses, including, but
not limited to, attorney's fees, arising from: (i) your access to and use of the
Site; (ii) your violation of any term of these Terms of Use; (iii) your
violation of any third party right; or (iv) any claim that any of your Material
caused damage to a third party. This provision will survive the Terms of Use and
your access to and use of the Site.
Modification of Site
Empire Brands S.A. reserves the right, at its sole
discretion, at any time and from time to time, for any reason, temporarily or
permanently, in whole or in part, without prior notice, to modify or discontinue
the Site, including, but not limited to (i) restricting the time the Site is
available, and (ii) restricting or terminating any user's right to access and
use the Site. You agree that Empire Brands S.A shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Site,
in whole or in part, or of any service, content or feature offered through the
Site.
Miscellaneous
This Site is controlled and operated by Empire Brands
S.A. licensee of Jockey International, Inc. from its offices in Panama Republic.
These Terms of Use shall be construed in accordance with the laws of Panama
Republic without regard to any conflict of law provisions. Any dispute arising
under this Terms of Use shall be resolved exclusively by the laws of Panama
Republic.
These Terms of Use and any other legal notices
published by Empire Brands S.A. on this Site shall constitute the entire
agreement between you and Empire Brands S.A concerning the Site. If any
provision of these Terms of Use is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions, which shall remain in full force and effect. No waiver
of any term of this these Terms of Use shall be deemed a further or continuing
waiver of such term or any other term, and Empire Brands S.A. failure to assert
any right or provision under these Terms of Use shall not constitute a waiver of
such right or provision.
Termination
These Terms of Use are effective upon you accessing
the Site. You may terminate these Terms of Use at any time. Empire Brands S.A
may terminate these Terms of Use, in whole or in part, without notice at any
time. Empire Brands S.A also reserves the right at its sole discretion to deny
or restrict your access to and use of the Site or any portion thereof, without
notice, for any reason or no reason