LIBERTINE web shop

PRIVACY POLICY

This www.ilovelibertine.com website (this "Website") is provided by Libertine Clothing Company ("LIB"). This Privacy Policy sets forth what information LIB collects via this Website about you and your Website use, and how that information is used, stored and shared.  LIB collects data to operate efficiently and to provide you with the best experience with the Website and LIB products.

BY USING OR ACCESSING THE WEBSITE OR BY PROVIDING PERSONAL INFORMATION ON OR THROUGH THE WEBSITE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND APPLICABLE LAW.

LIB takes seriously your interest in how your information is collected and used. This Privacy Policy is incorporated into this Website's Terms and Conditions of Use. Your use of this Website confirms your acceptance of this Privacy Policy. Please read this Privacy Policy carefully before using this Website. By using this Website, you agree to be bound by and accept all provisions of this Privacy Policy. If you do not agree to this Privacy Policy, you may not access or otherwise use this Website.

LIB may from time to time revise the Website's Terms and Conditions of Use, including this Privacy Policy without prior notice. By continuing to use and access the Website after revisions to the Terms and Conditions of Use, you agree to the Terms and Conditions of Use as revised, including all revisions to this Privacy Policy. Please review the Privacy Policy each time you intend to use the Website. For your convenience, LIB will indicate the date that the Privacy Policy was last updated.

All policies included on this Website, including this Privacy Policy and the Shipping Information and Return Policy, are incorporated into the Website's Terms and Conditions of Use by this reference and form part of the Terms and Conditions of Use.

 

TYPES OF INFORMATION COLLECTED

The information that we collect about you while you are using the Website allows us to provide better services to our users and falls into two general categories: information you provide to us, and information that is automatically collected. All of the information we collect may be collected directly by us, or it may be collected by a vendor providing contractual services to us, such as a service provider. 

When you purchase items via the Website, your full name, billing address, shipping address, telephone number, e-mail address, time of transaction and payment information (including credit card number) are collected. When you create a user account via the Website, your full name, address, telephone number and e-mail address are collected.

When you send a communication via the Website, that communication is collected, including your name, address, e-mail address and other contact information provided.

When you access the Website, your IP (Internet protocol) address and information about the Internet browser are collected. Other information is or might be collected as well, including information about the frequency and length of Website usage or Website page visits, the website pages from which you linked to arrive at the Website, and the website pages to which you travel from the Website. This information commonly is collected via the use of cookies, web beacons or other tracking technologies (see Website Use of Tracking Technologies, below).

This Website is not intended for use by anyone under eighteen (18) years old, or by anyone under the legal age of majority in his or her state of residence. LIB does not knowingly collect personal information from anyone under eighteen (18) years of age.

 

USES OF INFORMATION COLLECTED

LIB uses the information collected to, among other things, protect LIB and our users, improve and maintain the Website, provide access to and use of the Website; to process, fulfill and advise concerning your product orders placed via the Website; to address your customer service inquiries and requests; to identify and record your product preferences; and to send you from time to time LIB's catalogs, offerings and other promotional materials via e-mail and via physical mail.

If you prefer not to receive such catalogs, offerings or other promotional materials, please send an e-mail to [info@ilovelibertine.com] containing in its subject line only the word UNSUBSCRIBE. Doing so will not affect your receipt of e-mails or other communications specific to orders that you place or customer service inquiries or requests that you submit.

 

SHARING OF INFORMATION COLLECTED

LIB does not market or rent your personal information. LIB shares your personal information with its own corporate affiliates and its staff. LIB also shares your personal information with third party service providers who assist LIB with, among other things, product order fulfillment, Website hosting and maintenance, storage, processing and transmission of data, and order payment processing. These third party service providers agree not to use or share your personal information for any reason other than the performance of their services to LIB. LIB also might share your information with its accountants, counsel or other professional advisors who have contractual or professional obligations of confidentiality to LIB.

In the unlikely event that LIB is required to disclose your information pursuant to lawful requests such as a subpoena or court order, or otherwise to comply with law, LIB will do so.

In the event that ownership of all or a part of LIB or its business were to change, your information pertinent to that business' operations likely would be transferred to, or licensed for use by, the new owner.

 

INFORMATION SECURITY

LIB uses reasonable means to protect against unauthorized use or access to your information, as transmitted by you via the Website, and as maintained by LIB or its third party service providers once received. Please understand that LIB cannot and does not guarantee the security, secrecy or confidentiality of any data you provide.

 

WEBSITE USE OF TRACKING TECHNOLOGIES

 

The Website uses cookies (session and persistent) and web beacons to help enhance and make more convenient your Website use. Cookies are small files placed on your computer's or other access device's hard drive to collect information about your Website use and activities. Session cookies exist only for as long as your browser remains open and are deleted once your browser session ends. Session cookies are used to complete your purchase transaction. Persistent cookies remain on your device's hard drive after your browser session ends and are used to try to improve your Website use experience. Web beacons (sometimes referred to as "tracking bugs," "web bugs" or "pixel tags") are small strings of code placed on a web page or within an e-mail for the intended purpose of transferring information. Cookies and web beacons facilitate Website navigation, keep track of items in your Website shopping cart, and remember information you have previously provided and may be used to monitor the number of Website visitors, visits, pages viewed, and the total number of visitors served. Cookies also help LIB and its third party providers learn how visitors use its Website.

You can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie acceptance altogether. You will still be able to browse the Website and make purchases, but you will not be able to retrieve your saved account information without cookies. Moreover, by not allowing cookies, your overall Internet browsing experience might not be as convenient or enhanced.

 

NOTICE TO CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits LIB customers who are California residents to request and obtain from LIB once a year, free of charge, information about the personal information (if any) LIB shared with third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which LIB shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:

Libertine Clothing Company

1124 North Citrus Avenue, Los Angeles, California 90038, ATTN: California Privacy Rights Notice.

Please allow up to 30 days for a response.

By choosing to visit the Website or provide information to LIB, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California (excluding conflict or law rules). You also agree: (1) to abide by any limitation on damages contained in the Website Terms and Conditions of Use, or other agreement that LIB may have with you; and (2) that any dispute between you and LIB will be governed by the Website Terms and Conditions of Use.

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TERMS AND CONDITIONS OF USE

This www.ilovelibertine.com website (this "Website") is provided by Libertine Clothing Company. ("LIB") located at 1124 North Citrus Avenue, Los Angeles,  CA 90038.  Your use of the Website is governed by these Website Terms and Conditions of use (the "Terms of Use"). Please read them carefully before using this Website. By using this Website, you agree to be bound by and honor all provisions of the Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use this Website.  Any access or use of the Website is taken at the user’s own risk

 

LIB may from time to time revise the Terms of Use including adding other Terms. In the event of any conflict between these Terms and any additional Terms, the additional Terms will govern for that conflict.  By continuing to use and access the Website after revisions and additions to the Terms of Use, you agree to the Terms of Use as revised and supplemented. The changes to the Terms of Use become effective immediately when posted. Please review the Terms of Use each time you intend to use the Website. For your convenience, LIB will indicate the date that the Terms of Use were last updated.

 

All policies included on this Website, including the Privacy Policy and the Shipping Information and Return Policy, are incorporated into these Terms of Use by reference and form part of the Terms of Use.

You may use this Website and purchase products only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing products to you if you do not comply with the Terms of Use or if LIB is investigating suspected misconduct.

INTELLECTUAL PROPERTY

LIBERTINE is an exclusive trademark.

This Website, and all text, images, graphics, photos, audio and audiovisual recordings, and other content published by the Website (collectively, "Website Content") belong to LIB or its respective licensors and are subject to copyrights or other intellectual property rights held by LIB or its licensors. All rights to Website Content are specifically reserved. You may view, download and print Website Content only for your own personal, non-commercial use. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any Website Content in any form, by any means, or for any purpose, without LIB's express prior written consent.  Using the Website or purchasing products does not give you ownership of any intellectual property rights in the Website, the content you access or the products purchased. You may not use Website Content unless you obtain written permission from LIB or are otherwise permitted by law.

 

WEBSITE AVAILABILITY AND USE RESTRICTIONS

LIB may from time to time modify or discontinue, temporarily or permanently, the Website (and parts thereof) with or without notice, and without any obligation to you. LIB also may terminate or suspend your use and access to all or any parts of this Website, with or without notice, and for any reason or no reason, in LIB's sole discretion. Such termination or suspension will not terminate or suspend the Terms of Use as applied to your use and access of the Website.

 

You agree to use the Website only for lawful purposes in a lawful manner. LIB does not represent or warrant that your use of this Website will comply with the laws of the jurisdiction or territory in which you use it. You are responsible for your compliance with all applicable laws. You agree not to use or access this Website from any jurisdiction or territory in which any of the Website Content is illegal or impermissible.

 

You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website. You will not use any spider, robot ("bot"), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Website or any portions thereof.

 

You agree not to access this Website by any means other than via the user interface provided by LIB for such purpose. You will not run, frame or otherwise display the Website Content on any other website. Unless LIB objects or blocks such links, which it may do at any time without any notice, you may link to this Website from your own website, but only to this Website's home page (www.ilovelibertine.com), and only in a manner that does not state or imply LIB's sponsorship, endorsement, license or other affiliation between LIB and you, your website, products, services, activities or representatives.

 

INDEMNIFICATION, DISCLAIMERS AND LIABILITY

 

You agree to indemnify and hold harmless LIB, its shareholders and licensors, and their respective affiliates, directors, officers, employees, members, agents, contractors, subcontractors, counsel, representatives, successors and assigns (collectively, the "LIB Group" including LIB) against and for all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees and costs), resulting or arising from or relating to your use, attempted use, or conduct at the Website; any activity related to your account by you or any other person; your violation of these Terms of Use; or your infringement or violation of any rights of another person or entity.

 

LIB PROVIDES THE WEBSITE ONLY ON AN "AS IS" AND AS AVAILABLE BASIS. YOU USE THE WEBSITE AT YOUR SOLE RISK. LIB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE WEBSITE. IN PARTICULAR, LIB MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM WEBSITE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LIB OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.  TO THE EXTENT PERMITTED BY LAW, LIB EXCLUDES ALL WARRANTIES.

The Website may contain errors or inaccuracies and may not be current or complete.  LIB has the right to correct any errors or inaccuracies and/or to bring the Website current and make it complete without any prior notice including after an order has been placed.  If an order has been placed based upon incorrect pricing or availability, then LIB has the right to cancel such order without any liability to you.

THE LIB GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT EVEN IF LIB IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES.

IN ALL CASES, THE LIB GROUP, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

The sole and entire maximum liability of the LIB Group for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the net amount actually received by LIB from you for any products purchased from LIB via this Website.

 

To the fullest extent permitted by law, you agree that any claim or cause of action that you assert arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or any such purported claim or cause of action shall forever be barred.

 

Because some jurisdictions or territories do not permit the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the foregoing disclaimers and limitations might not apply to you.

 

GENERAL PROVISIONS

These Terms of Use set forth the entire understanding of the parties with respect to its subject matter. In the event that any one or more of the terms and conditions contained in these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions or the application of that provision to persons or entities or circumstances other than those to which it is held invalid, illegal or unenforceable will not in any way be affected or impaired thereby.

LIB's failure to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.

These Terms of Use shall be deemed to have been made between you and LIB in the State of California and shall be construed and enforced in accordance with the laws of the State of California (excluding conflict of laws rules) applicable to contracts negotiated, executed and performed within California.

The parties shall make a good faith effort to resolve any alleged breach of these Terms of Use, or any other dispute arising under or in connection with these Terms of Use, through mediation conducted within thirty (30) days following first assertion of the breach or dispute. Mediation will be conducted in the County of Los Angeles, California. Each party will bear its own costs of mediation. The mediator shall be selected by LIB in its sole discretion.  If eight (8) hours of such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved by binding arbitration conducted in the County of Los Angeles, California within sixty (60) days following first assertion of the breach or dispute under the administration and rules of JAMS (www.jamsadr.com). The foregoing mediation and arbitration provisions shall not be applicable to LIB if LIB is seeking and (and shall be entitled to obtain) temporary, preliminary and permanent injunctive relief against infringement or other violation of its claimed intellectual property rights, or other relief that it deems reasonably necessary to defend or enforce its rights or these Terms of Use, in any federal or state court located in Los Angeles County.  In the event of the foregoing, you agree that LIB will be without an adequate remedy at law and, accordingly, will be entitled to enforce such rights by temporary or permanent injunctive or mandatory relief obtained in any action or proceeding instituted by LIB without the necessity of proving damages and without prejudice to any other remedies which LIB may have at law or in equity.

By using the Website and agreeing to these Terms of Use, you agree that all claims arising out of or relating to these Terms of Use, the Website or the Products will be litigated exclusively in the federal or state courts of Los Angeles County, California and you and LIB consent to personal jurisdiction in those courts.

In the event that any breach of the Terms or Use or any dispute between you and LIB should result in litigation or arbitration, the prevailing party shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, attorneys' fees, accountants= fees, court costs, investigation fees, discovery charges, appellate costs and fees, expert witness fees, costs of collection of a judgment or award and all other expenses incurred in connection with the breach or the dispute.  Any reference to attorneys’ fees in these Terms of Use includes the foregoing.

The Website is available on mobile devices.  Do not use the Website in a way that distracts you and prevents you from obeying traffic and safety laws.