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The Wet Seal, LLC
Updated September 2016
The Websites are expressly owned and operated by Wet Seal. Our postal address is 7555 Irvine Center Drive, Irvine, CA 92618. We can be reached via e-mail at email@example.com. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.
Transactions on the Websites
You represent and warrant that you are buying products or services from the Websites for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US. Wet Seal reserves the right to refuse any order you place with us in violation of these terms. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order. In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was made.
Unless otherwise noted, the Websites, including all information and contents such as, images, photographs, illustrations, designs, artwork, graphics, photography, text, data, music, sound, messages, software, the HTML used to generate the pages, and the like, that are part of the Websites (collectively, “Contents”) are the property of Wet Seal or that of its suppliers or licensors and are protected by copyright, trademark, trade dress and/or other intellectual property rights under the United States and/or foreign law. The Contents of our Websites and the Websites as a whole may be used solely for personal, noncommercial use. You may download or copy the Contents displayed on our Websites for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our Websites. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. Any use of our Websites and the Contents for purposes other than personal and noncommercial is prohibited without the prior written consent of Wet Seal. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Websites.
We have made every effort to display as accurately as possible the attributes of our products, including the applicable colors; however, the actual color you see will depend on your monitor, computer system and other factors, and we cannot guarantee that your computer will accurately display such colors. The product images on the Websites may appear larger or smaller than their actual size.
Product Information and Pricing
Some products displayed on the Websites may also be available in select Wet Seal stores. In some cases, web merchandise may not be available in Wet Seal stores. While merchandise offered on the Websites is generally priced the same as merchandise offered at our stores, there may be price differences due to promotional events and special offers. The prices displayed on the Websites are quoted in US dollars and are valid and effective only in the US. While we make every effort to be as accurate as possible in the product descriptions on the Websites, Wet Seal does not warrant that product descriptions, pricing or other content on the Websites are current, complete or error-free.
Comments, Feedback and Other Submissions
Although we make every effort to respond quickly to applicable email messages, Wet Seal is under no obligation to respond to all correspondence received through our Websites, or to maintain submitted comments or feedback in confidence, or to pay compensation of any kind for comments or submissions. While we welcome your comments and feedback regarding our Websites, products, and services we do not accept confidential or proprietary information. Accordingly, all comments, feedback, ideas or suggestions disclosed, submitted or offered to Wet Seal using the Websites or otherwise (collectively, “Comments”), are not confidential and will become and remain Wet Seal’s property. The disclosure, submission or offer of any Comments constitutes an assignment to Wet Seal of all worldwide rights, titles and interests and goodwill in the Comments without payment of any kind. Wet Seal policy does not allow us to accept or consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Wet Seal employees and agents might seem similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans or other materials for our business.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Wet Seal or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Wet Seal takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Websites, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Personal Information Submitted through the Websites
#WETSEAL and #WETSEAL4ME
You may post or upload content that you have created, including, without limitation, photographs, your social media handle, videos and comments (“User Posts”) to your social media accounts. By posting and uploading User Posts that you have tagged with #wetseal, #wetseal4me or other Wet Seal brand hashtags, you grant Wet Seal and its third party service providers who provide content management services (collectively, “Licensed Parties”) a perpetual, royalty-free, fully-paid, non-exclusive, worldwide, unrestricted, transferable, irrevocable and unlimited license, right and permission to utilize Wet Seal-tagged User Posts in any manner to be determined in Wet Seal’s sole discretion, including but not limited to on its Websites, social media pages and platforms and in its other marketing, promotional and advertising initiatives, in any form of media. Wet Seal may use, distribute, publish, transmit, exhibit, digitize, broadcast, display, disclose, remove, reproduce, prepare derivative works from, combine with other materials, alter/edit and otherwise exploit Wet Seal-tagged User Posts. You grant the Licensed Parties the right to use your username, name, image, likeness, caption, location or other identifying information in connection with any use of Wet Seal-tagged User Posts. By posting or uploading Wet Seal-tagged User Posts you represent and warrant to Wet Seal that you own all rights in the User Posts, have permission to grant the rights to Wet Seal above and the User Posts do not violate the intellectual property, privacy, publicity or other legal rights of a third party. By using Wet Seal brand hashtags you agree to defend, indemnify and hold harmless Wet Seal and the Licensed Parties against any and all claims, liabilities, losses or expenses (including, without limitation, reasonable attorneys’ fees) related in any way to Wet Seal’s or the Licensed Parties’ use of your Wet Seal-tagged User Posts. The preceding sentence does not apply to New Jersey residents.
Social Media Promotions
Wet Seal may from time to time sponsor a variety of social media promotions including contests and sweepstakes. Your participation in any promotion will be subject to and governed by the official rules for that promotion and, when applicable, the promotional rules, policies and procedures on each social media platform’s site. For the details and terms and conditions of Wet Seal’s latest social media contest or sweepstakes, please see the official rules of the specific contest or sweepstakes.
Third Party Links
The Websites may include links to other Internet sites maintained by third parties (“Linked Sites”). Wet Seal provides Linked Sites to you solely as a convenience and the inclusion of Linked Sites does not imply endorsement by Wet Seal of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Websites. Linked Sites are not under the control of Wet Seal and Wet Seal is not responsible for the contents of any Linked Sites.
Wet Seal Websites shall be used for lawful purposes only. Any conduct by you, which in Wet Seal’s sole discretion, restricts or inhibits any other user from enjoying the Websites will not be permitted.
Wet Seal respects the intellectual property rights of others and we require users of the Websites to do the same. If you believe that your mark has been copied in a way that constitutes copyright infringement, please follow the directions listed in the Copyright Agent section of the User-Generated Content Terms and Conditions.
Inaccuracies, Disclaimer, Limitation of Liability, and Indemnity