Terms & Conditions

TERMS OF USE 

Please review the following terms of use (“Terms of Use”) by Prym Consumer USA Inc. (the “Company”) regarding this website (the “Site”).  These Terms of Use may be changed, modified, supplemented or updated by the Company from time to time without advance notice. Unless otherwise indicated, any new Content, Products or Services added to the Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site periodically for updates and changes, indicated by the “Last Revised” date. 

ACCEPTANCE OF TERMS 

Your access to and use of the Site is subject to these Terms of Use, as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Site, or any information contained on the Site. Your access to and use of the Site constitutes your acceptance of and agreement to abide by each of the terms and conditions set forth below. The Site is intended for use only by users who are at least 18 years of age. 

LIMITED LICENSE & SITE ACCESS; ALL RIGHTS RESERVED 

The Company hereby grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of the Company. This license does not include any resale or commercial use of the Site or any collection and use of any listings, descriptions, or prices; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the Company’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Company’s name or service marks without the express written consent of the Company. We (or the respective third-party company of Content) retain all right, title, and interest in the Sites and any Content, features, Products and Services offered on the Sites, including any and all intellectual property rights. We (or the respective third-party company of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by the Company. 

RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS 

The Site is controlled and operated by the Company. All material on the Site, or any other website owned, operated, licensed or controlled by the Company, including, but not limited to images, illustrations, audio clips, and video clips (“Material”) is protected by copyrights which are owned and controlled by the Company or by other parties that have licensed their material to the Company. Unless granted written permission by the Company, Material may not be used for nonpersonal or commercial purposes and may not be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way. 

You are not to modify any Material.  Modification of Material, including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of any Material for any purpose is a violation of these Terms of Use as well as laws protecting copyrights and other proprietary rights. For purposes of these Terms of Use, unless granted written permission by the Company, the use of any Material on any other computer related environment is prohibited. 

Certain trademarks are the registered service marks and trademarks of the Company or one of its affiliates (the “Registered Marks”).  The domain names for the Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company (the “Site Marks”).  The Registered Marks and the Site Marks collectively are the “Prym Marks”. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any Material including but not limited to any trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of the Company.

 The Company respects the intellectual property of others, and we require our users to do the same while using the Site. The Company reserves the right to determine what constitutes inappropriate behavior and to ban offenders at its sole discretion and/or take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512): 

  • - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • - Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at that Site;
  • - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
  • - Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • - A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to the mailing address provided in the Contact Information section. 

LINKED SITES 

The Site may contain hyperlinks to other sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use.  We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event the Site provides hyperlinks to other websites that are not owned, operated or maintained by the Company, you acknowledge and agree that the Company is not responsible for and is not liable for the content or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Company is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.  The Company is not responsible for the privacy practices of any other websites.

 OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE

With the exception of any personal data or information you submit which shall be maintained in accordance with our Privacy Policy, any communication or other material submitted or posted to this Site (“Submission”) will be considered non-confidential. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion. No compensation will be paid with respect to the use of your Submission. 

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

The Company does not claim ownership of the materials you provide, post, upload, input or submit to the Site. However, by posting, uploading, inputting, providing or submitting your Submission you are granting to the Company, and its affiliated companies, permission to use your Submission in connection with their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with Submission. 

PROHIBITED USE 

Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Company, or (vii) any use other than the business purpose for which it was intended, is prohibited. 

In addition, in connection with your use of the Site, you agree you will not: 

  1. Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage in accordance with the Limited License and Site Access outlined above;
  12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;
  13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;
  14. Harvest or otherwise collect information about others, including e-mail addresses; or
  15. Use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site. 

The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. The  Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, the Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion. 

RIGHT TO MONITOR 

The Company neither actively monitors general use of the Site under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through the Site. However, the Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Company’s sole discretion, may be illegal, may subject the Company to liability, may violate these Terms of Use, or are, in the sole discretion of the Company, inconsistent with the Company’s purpose for the Site. 

NO OWNERSHIP EDITORIAL CONTROL OF THIRD-PARTY CONTENT; NO STATEMENT AS TO ACCURACY 

To the extent that any of the Content included in the Site is provided by third-party content providers, the Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third-party suppliers on the Site are those of such third-party suppliers. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with the Company. 

INDEMNIFICATION 

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of the terms of this Agreement. 

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE OR SITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (6) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE or ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED. 

The Company does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with the Site. If your use of the Site or the materials, services, text, graphics, and or links associated with the Site results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs. The Material associated with this Site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, Blogs or other forums conducted on this Site (“Forums”) are not necessarily those of the Company or its content providers, advertisers or sponsors, and the Company makes no representations or warranties regarding that information or those opinions. 

LIMITATION OF LIABILITY 

YOU UNDERSTAND AND AGREE THAT THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES  WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS OF USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE SITES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITES, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE COMPANY DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. 

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the limitations above may not apply to you. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

NOTICES 

Any notices to you from the Company regarding the Site or these Terms of Use will be posted on the Site or made by e-mail or regular mail. 

ELECTRONIC COMMUNICATIONS 

When you visit the 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 the 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.  You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use. 

ENTIRE AGREEMENT 

These Terms of Use constitute the entire agreement between the Company and you in connection with your use of the Site, the Content and Products and Services, and supersedes any prior agreements between the Company and you regarding use of the Site, including prior versions of these Terms of Use. 

GOVERNING LAW, JURISDICTION, VENUE, SEVERABILITY OF PROVISIONS 

The Terms of Use are governed by the laws of the State of South Carolina, USA, and controlling United States Federal Law without regard to any conflicts of law provisions.  All parts of these Terms of Use apply to the maximum extent permitted by law. Any action you, any third party or the Company bring to enforce this agreement or, in connection with, any matters related to this Site shall be brought only in either the State or Federal Courts located in the State of South Carolina, Spartanburg County, and you expressly consent to the jurisdiction. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforce-ability of the remaining provisions.  The section headings are for convenience and do not have any force or effect. 

PASSWORD ACCOUNTS, PASSWORDS & SECURITY 

If you have been given the option to utilize any function on the Site that will provide you with access to password protected portions of the Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. 

NO AGENCY RELATIONSHIP 

Neither these Terms of Use, nor any Content, Material, features, or Products and Services of the Site creates any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. 

REMEDIES

 You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.  These remedies are in addition to any other remedies we may have at law or in equity. 

CONTESTS 

From time to time, the Company may conduct contests or promotions, each of which will be governed by specific rules.  All contests conducted by the Company are intended for use in the United States only and shall only be construed and evaluated according to United States law. Do not enter any contest conducted by the Company if you are under the age of 18 or are not located in the United States. Contests conducted by the Company are void where prohibited and are subject to all federal, state and local laws and regulations. 

CONTACT INFORMATION 

If you have any questions about these Terms of Use, please contact us at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them. 

Attention: Digital Director
Prym Consumer USA Inc.
P.O. Box 5028
Spartanburg, SC 29304

LAST REVISED:  May 1, 2020.