Legal Notice

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Last Update: January 10, 2013

Welcome to FidelityDenim.com. By using this Website and any other website, microsite, mobile device application, or Internet property (the “Site”) owned or operated by Fidelity Design House Ltd. or any of its affiliates and subsidiaries (collectively, “Fidelity” or “Fidelity Denim” or “Fidelity Design House” “FidelityDenim.com” or “We” or “Us” or “Our”), you signify your acceptance of these terms and conditions of use (“Terms of Use”) and the Privacy Notice. The following terms of use set forth the basic rules that govern your use of the Site. If you do not agree to all of the Terms of Use and the Privacy Notice, you may not use this Site.

Please carefully read the following terms and conditions (“Terms”) governing your use of this Site. The terms “You,” “Your,” and “User” refer to anyone who accesses or is a visitor to any of the Site(s), including the website and web pages located at www.fidelitydenim.com. The Site(s) are made available by Fidelity Design House Ltd. USE OF ANY OF THE SITE(S) OR THE PURCHASE OF PRODUCTS FROM THE SITE(S) CONSTITUTES YOUR knowledge, understanding, and AGREEMENT TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS. Your access to and use of the Site(s) is undertaken at Your own risk. If You do not agree to these Terms or are dissatisfied with the Site(s) or any content therein, Your sole and exclusive remedy is to stop using the Site(s) and its/their information, content, and services, and You may not access or otherwise use the Site(s).

We reserve the right to change, edit, modify, delete, revise, or update these Terms of Use at any time without notice to You. Any such changes will be posted on the Site(s) and You agree to be bound by such edits, modifications, deletions, revisions, or updates. At any time, for any or no reason, with or without prior notice and without any liability, Fidelity Design House Ltd. may discontinue or edit, modify, delete, revise or update any of the Site(s), or its/their availability to You, and can reject, refuse, restrict, suspend, or terminate Your access to all or any part of the Site(s), in its sole discretion. Fidelity Design House may choose to not fulfill any purchase or order placed on the Site(s), subject to any applicable refunds under its refund policy.

This Site may allow users to communicate with each other using blogs, and other interactive methods of posting and sharing information.

Ownership and Protection of Content

The Site is owned and operated by Fidelity Design House. The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, application functionality or any other digital media owned by Us or obtained from Fidelity Design House’s licensors or other third parties, and other materials (“Contents”) is protected by and subject to copyright, trademark and other intellectual property protection or other proprietary laws under both the United States, Canada and foreign laws. All of the Contents are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use the Contents without Fidelity Design House’s or its licensors’ prior written consent, except as otherwise described herein. Title to the Contents remains with Fidelity Design House or its licensors.

Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site is solely for your purchase of Fidelity products for personal use, information, education, entertainment, and communication with Fidelity. You may download, copy or print the Content of this Site for your personal non-commercial use only.  No right, title or interest in any content or materials is transferred to you as a result of any such activities. Fidelitydenim.com reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.

Fidelity Design House is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from FidelityDenim.com.

USE OF SITE

COLORS

We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the product delivered pursuant to a an online order.

User Content and Submissions

While Fidelity desires to receive feedback from its customers, please do not send Us any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“User Contribution(s)”). We are under no obligation to use or compensate you for your User Contributions. Fidelity will not respond to you regarding your User Contributions, and your User Contributions will not be returned to you and will not be treated as confidential information.

This Site may provide you with the opportunity to submit user-generated or third-party User Contributions. By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the User Contributions that you submit. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. If you make a Submission to this Site, you automatically grant Fidelity a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Fidelity to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.

THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, FidelityDenim.com may choose various third-party web sites to link to from the Fidelity Site that are not affiliated with Fidelity and that may, in some instances, be located in different countries. However, even if the third party is affiliated with FidelityDenim.com, FidelityDenim.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FidelityDenim.com. FidelityDenim.com has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. Fidelity shall not be liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

These linked sites are only for your convenience and therefore you access them at your own risk. None the less, FidelityDenim.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the 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, provincial 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 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 Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

PASSWORDS

You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Fidelity.

Site Updates

Fidelity undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. When reviewing information on this Site such information may not represent the complete information available on a subject or a product. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

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. Fidelity reserves the right, at any time without prior notice, to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).

Product and Pricing Information.

This Site, Content, product information, and any products sold through the Site are intended to comply with U.S. state and federal and Canadian national laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S or non-Canadian based user, other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. and Canada.

Fidelity reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Fidelity. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

Resale of Product

This Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. We reserve the right to immediately bar access to the Site and terminate the account of any user who violates this provision. Fidelity also may refuse to accept returns of such products.

DISCLAIMER

This site and the materials and products in this site are provides “As Is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, FidelityDenim.com disclaims warranties, expressed or implied, including but no limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement WITH RESPECT TO THIS SITE AND ITS CONTENT.  NO FIDELITY EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY.

FidelityDenim.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. FidelityDenim.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT FIDELITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FIDELITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FIDELITY’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FidelityDenim.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

TERMINATION

These Terms of Use will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of the Terms of Use that may require continued performance, compliance, or effect beyond the termination date of this terms will survive termination of the Terms of Use and will be enforceable by the parties. Fidelity may also terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Fidelity’s sole discretion, you fail to comply with any term or provision herein. Upon any termination by either you or Fidelity, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms of Use or otherwise.

Choice of Law and Forum; Consent to Electronic Communications.

These Terms of Use will be governed and construed in accordance with the laws of the Province of British Columbia, and Canada, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or these Terms of Use, you submit to exclusive jurisdiction and venue of the courts located in the City of Vancouver, British Columbia, Canada.

Notice

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.

Privacy NOTICE

Fidelity is committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by Fidelity in connection with your use of this Site, please consult our Privacy Notice which is incorporated into the Terms of Use by reference.

No other Agreements

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given Fidelity your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms of Use constitute the entire agreement between you and Fidelity related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms of Use. The Terms of Use are effective as of the update date referenced above. Continued use of the Site by you after the date first set out above constitutes your acceptance of the Terms of Use after such date.