ABERCROMBIE & FITCH US
Updated: October 2016
Welcome to this Abercrombie & Fitch website - www.Abercrombie.com, microsite, or mobile site (this "Website") or mobile application ("App"). Please review the following terms and conditions ("Terms and Conditions") before using this Website/App. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website/App.
Your Use Generally
Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, Abercrombie & Fitch reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website/App and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, "Content" ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by Abercrombie & Fitch under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App, any of the Contents, or any related software; and (b) you may not access or use the Website/App for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. Abercrombie & Fitch may revoke this limited license at any time for any or no reason. Any unauthorized use of Abercrombie and Fitch Content, such as framing, inline linking or other association with content or information not originating from the Abercrombie & Fitch Website/App is not permitted. Linking to any Abercrombie & Fitch web page also is prohibited. Abercrombie & Fitch will aggressively enforce its intellectual property rights to the fullest extent of the law.
At Abercrombie & Fitch, we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the 'Trademarks and Trade Dress'). Abercrombie & Fitch and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website/App. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited.
One or more patents may apply to this Website/App, including without limitation U.S. Patent Nos. 5,528,490; 5,761,649; 5,930,474; and 6,029,142.
All features, specifications, products and prices of products and services described on this Website/App are subject to change at any time without notice. From time to time there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website/App. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer (see, our Sale Terms). We have made every effort to display as accurately as possible the colors of our products that appear on the Website/App; however, the actual color you will see will depend on your device, and we cannot guarantee that your device will accurately display our colors. The inclusion of any products or services on this Website/App does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Comments and other Communications
User Generated Content
The Website may permit you to voluntarily post content ("User-Generated Content"), including photographs, videos, comments or other material. If you post comments or other text, you confirm that you are at least 14 years old or have your parent/guardian’s permission; if you post photographs or videos, you confirm you are at least 18 years old or have your parent/guardian’s permission; and by posting any User-Generated Content, you agree to the following terms:
- (a) Posting such User-Generated Content constitutes your consent and grant to Abercrombie & Fitch of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User-Generated Content, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
- (b) You waive any right to inspect or approve any material in which Abercrombie & Fitch may eventually use your User-Generated Content and understand that Abercrombie & Fitch may crop, shape, or otherwise adjust any User-Generated Content.
- (c) You represent and warrant that the User-Generated Content will not violate the intellectual property or proprietary rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content as contemplated herein.
- (d) You agree not to take any legal action against, and release and discharge Abercrombie & Fitch and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein.
- (e) You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such User-Generated Content is published, Abercrombie & Fitch does not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms and Conditions, our standards, and applicable law; and whether they may be posted or removed.
You may request removal of any of your User-Generated Content on this Website by sending a removal request email to Privacy_Policy@Abercrombie.com from the email address provided when you submitted your User-Generated Content; your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Prohibited Uses of Website
You shall not post, transmit, redistribute, upload, or promote any communications, User-Generated Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Notice of Copyright Infringement Under the Digital Millennium Act (DMCA)
We do not permit copyright infringing activities on this Website. We may remove any User-Generated Content of any kind if properly informed that the User-Generated Content infringes another's copyright rights. We may terminate the ability to submit User-Generated Content if, under appropriate circumstances, a person submitting User-Generated Content to this Website is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User-Generated Content or other material on this Website by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- 2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
- 3. Identification of the User-Generated Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Abercrombie & Fitch to locate the same;
- 4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- 5. A statement that you have a good faith belief that use of the User-Generated Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Attn: Legal Department – IP Group
Abercrombie & Fitch Stores, Inc.
6301 Fitch Path
New Albany, OH 43054
By email: email@example.com
If you fail to comply with all of the requirements above, your notice may not be valid.
You may choose to establish an account or become a member in The A&F Club program through our Website/App (collectively 'Membership'). If you do, you will have access to your Membership by providing a phone number, email address, and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Membership and your device. You agree to accept responsibility for all activities that occur under your Membership. We may terminate your Membership at any time, for any reason or no reason and without prior notice to you.
Links may be established from this Website/App to one or more external web sites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to the Website/App. None of such links should be deemed to imply that Abercrombie & Fitch endorses the Third Party Sites or any content therein. Abercrombie & Fitch does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Abercrombie & Fitch will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
This Website/App and all Content of the Website/App are provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website/App, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
No implication is made that the materials published on this Website/App are appropriate for use outside of the United States. If you access this Website/App from outside of the United States, you do so on your own initiative and at your own risk. Abercrombie & Fitch controls this Website/App from its offices within the State of Ohio. The Terms and Conditions of this Website/App shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.