ClarksOriginals.com Terms and Conditions
Thank you for visiting ClarksOriginals.com (the “Site”). The Site is owned and operated by C & J Clark International Ltd (“Clarks”, “we”, “us”). Registered office: 40 High Street, Street, Somerset BA16 0EQ. Registered number: 141015 in England and Wales.
Please carefully read and review the following Terms and Conditions (“Terms”), as they govern your access to and use of our Site. By accessing our Site, you agree to abide by these Terms. If at any time you do not agree to these Terms, please refrain from entering or using our Site.
1. General Use and Changes to our Site
Clarks provides you with access to our Site subject to your compliance with these Terms. In the event such Terms are violated, Clarks reserves the right to seek any and all available remedies afforded to us by the law. We may terminate your access to our Site at any time, for any reason or no reason, and without prior notice to you.
Please review these Terms each and every time that you access our Site, as they may be revised periodically. It is your responsibility to stay up to date on any changes, as your continued use of our Site following any posted revisions constitutes your agreement to be bound by the revised Terms. Clarks reserves the right, at any time and in our sole discretion, to revise these Terms in any manner we deem necessary. Any and all changes will take effect once posted unless otherwise stated.
All trademarks, service marks, trade names and logos found on our Site are trademarks or registered trademarks of Clarks, our affiliates, or independent third parties whose materials, logos, or technologies we legally integrate into our products or whose services we utilize to support our business operations. Clarks retains all rights in our trademarks and other intellectual property, as protected and outlined by applicable copyright laws and treatises around the world.
No license or right to use any of Clarks’ trademarks, service marks, trade names or logos is granted to you as a result of your visitation to our Site or agreement to these Terms. You agree not to use Clarks’ trademarks or other intellectual property in any manner without Clarks’ written authorization. Any unauthorized use of our trademarks or other intellectual property is strictly forbidden, and may result in legal liability.
3. Content Ownership
The collective content of our Site, including without limitation any design, text, pictorial, logo, graphic, software, source code, application, video, and audio components but specifically excluding any User Generated Content (collectively, “Site Content”), is the sole property of Clarks and/or its licensors and is protected by copyright and other intellectual property laws. All Site Content is provided solely for your personal and non-commercial use. Any commercial or derivative use of our Site is strictly prohibited, and this includes without limitation the distribution, modification, publication, or sale of any Site Content. Clarks reserves the right to protect our intellectual property and Site Content to the fullest extent afforded to us by the law.
4. User Generated Content
You are solely responsible for any comments, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit, post, link or otherwise make available on or through our Site (“User Generated Content”) and for any consequences that result from such submissions. Further, you are solely responsible for ensuring that the User Generated Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties. Before submitting, posting or linking User Generated Content to our Site, you must ensure that you own all intellectual property rights to such User Generated Content or are otherwise able to grant to Clarks the License set forth below and that your submission does not violate the privacy or publicity rights of any third party.
All User Generated Content submitted to our Site shall be deemed non-proprietary and non-confidential. By submitting User Generated Content, you grant to Clarks (including its subsidiaries and affiliates) a worldwide, perpetual, non-exclusive, transferable, irrevocable, and royalty-free license to use, copy, edit, adapt, reproduce, repost, publish, publicly perform, publicly display, translate, make available, sublicense, modify and prepare derivative works of your User Generated Content, in part or in whole, using any means or media now known or later developed (“License”). Subject only to the License set forth herein, you retain ownership of all copyrights and other intellectual property rights in your User Generated Content.
You agree that you will not post any User Generated Content to the Site which: (i) is unlawful, libelous, fraudulent, false, misleading, threatening, abusive, pornographic, obscene, defamatory, offensive or discriminatory against any religion or other group, soliciting of business or services, confidential, or otherwise offensive to any third party, (ii) infringes the intellectual property or privacy rights of a third party, (iii) impersonates anyone else or otherwise misrepresents your identity, (iv) interrupts, compromises, or interferes with our Site, or (v) is otherwise in breach of these Terms.
Clarks reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Clarks may monitor and review the User Generated Content submitted to our Site, but we are under no obligation to do so. You understand that by accessing our Site you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such User Generated Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Clarks be liable for any User Generated Content or for any damages resulting from such User Generated Content. Clarks does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained therein. Clarks expressly disclaims any and all liability in connection with User Generated Content.
5. Prohibited Conduct
Clarks expressly prohibits certain conduct on our Site. Any and all illegal, tortious, or otherwise unauthorized acts associated with your use of our Site will not be permitted. The following provides a few examples of conduct which is forbidden. All users of our Site agree not to:
- Interrupt, compromise, or otherwise interfere with our Site, or attempt to perform such acts.
- Access, or attempt to access, any data or other information which is not your own by way of entering into a secure Clarks server, account, file, or database. Any breach of security, whether successful or attempted, may result in criminal or civil liability.
- Upload or transmit any viruses, corrupted files or links, or any data which could potentially damage our Site, software, or equipment, or those of any third party.
6. Removal of Content
If you consider any Site Content or User Generated Content to be vulgar, offensive, or infringing of your intellectual property rights, please contact us immediately at firstname.lastname@example.org sing the subject line “Infringing Content”].
7. Product Images
Product images found on our Site are for illustrative purposes only. Actual product available in stores may differ to some extent from those appearing on our Site.
8. Personal Information
Certain third party websites may contain links to our Site. Clarks does not endorse any website which offer links to our Site, nor are we affiliated with any such website (excluding Clarks.com and Clarksusa.com). In the event you have accessed our Site by clicking a link from a third party website, please understand that your visitation and use of our Site is governed by these Terms, not those of the third party website from where you came.
10. Email Communications and Your Choices
Clarks gives you the option of receiving promotional emails and notifications about new product arrivals, upcoming events, and exclusive offers and promotions. If you would like to be added to our email list and receive promotional emails from Clarks, please provide your email address at the bottom of any Site page in the section titled “Email Address” and click “Sign up.” If you no longer want to receive promotional emails at any time after joining our email list, you can unsubscribe either by clicking the unsubscribe link at the bottom of any email sent to you by Clarks and following the instructions, or by emailing email@example.com with “Email Unsubscribe” in the tag line, and your name and email address in the body of the email.
11. Contests and Other Promotions
12. Limitation of Liability
You assume all responsibility and risk associated with your use of our Site. Under no circumstances will Clarks, or any of its directors, employees, agents, affiliates, licensors, manufacturers, or suppliers, be liable for any consequential, indirect, special, incidental, or punitive damages related to your use of our Site or any linked website, including but not limited to any lost profits or revenues, anticipated profits or revenues, lost data or business opportunities, damages arising out of any defects, malfunctions, or other performance-related failures of our Site, personal injuries to you or any third party, or any other tangible or intangible losses or damages. Your lone remedy in response to any discontent with our Site is to stop accessing our Site. Should Clarks be found liable to you for any damage or loss which is caused by or connected to your use of our Site, Clarks’ liability shall not exceed, in the aggregate, £100 (or the local currency equivalent if you are located outside of the United Kingdom).
In the event your jurisdiction does not allow for a limit or exclusion of liability, the abovementioned limitation of liability may not apply to you.
Our Site are provided “as is” and without warranties of any kind. Clarks expressly disclaims all warranties, whether express, implied, or statutory. Clarks does not represent or warrant that our Site, or its function, downloadable materials, Site Content, or any services that it herein provides, will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory, or cured of any defects. Under no circumstance shall Clarks be responsible for any loss or damage resulting from your use of the Site, your posting of any User Generated Content, or the conduct of any other users of the Site. Your visitation and use of our Site is done at your own risk.
In the event your jurisdiction does not allow for a disclaimer of implied warranties, the abovementioned disclaimer may not apply to you.
You agree to indemnify, defend, and hold harmless Clarks, its directors, employees, agents, affiliates, licensors, manufacturers and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from or relating to your use of our Site, submission of any User Generated Content, violation of these Terms, or violation of any third party rights. Clarks reserves the right to take control of any litigation matters, at our own expense, which may have a material effect on our organization, regardless of whether the matter qualifies for an indemnity. In the event Clarks takes control of such litigation, you agree to cooperate and participate as needed in the defense of such matters.
15. Jurisdiction/Choice of Law
These Terms are governed by and shall be interpreted in accordance with English law and the jurisdiction of English courts. The waiver of any provision of these Terms shall not constitute the waiver of any additional provisions, nor shall Clarks failure to enforce any provision constitute the waiver of any future right to enforce such provision. In the event any condition of this agreement is deemed to be illegal, void or unenforceable, the remainder of these Terms shall remain fully operative.
These Terms are not intended to grant any right or benefit to any third party, nor are they intended to extend any obligations or liabilities to any third party. Under no circumstances may you assign your rights, obligations, or liabilities under these Terms to any third parties without the express written consent of Clarks.
17. Contact Us
C & J Clark International Ltd., 40 High Street, Street, Somerset BA16 0EQ
© 2015 C & J Clark International Limited