You are responsible for maintaining the confidentiality of the password to your email account. You agree to accept responsibility for all activities that occur under your email address and username. You agree to immediately notify us in the event of any unauthorized use of your user name and email address or other breach of security.
3. Rue La La Comment Policy. The Blog provides you with the ability to post messages on the Blog. You are solely responsible for your messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter “post”) on or through the Blog (collectively, the “User Content”). Any User Content that is posted will not be treated as confidential. Rue La La has the right, but not the obligation, to monitor and decline, edit, or remove (without notice), all or any portion of any User Content for any reason or no reason. If Rue La La chooses at any time, in its sole discretion, to monitor User Content, it still has no responsibility for the User Content or for the conduct of a user posting User Content or to edit or remove any User Content, except in compliance with Section 12 below. If you are involved in a dispute with one or more users of Rue La La, you release Rue La La (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.
When you post or otherwise make available any User Content for inclusion on any part of the Blog, you are hereby granting Rue La La an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Blog or the promotion thereof, or for Rue La La’s (and its successors’ and affiliates’) business including, without limitation, for promoting and redistributing part or all of the Blog (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that you will not provide any User Content to which you do not have the full right to grant the license specified in this Section 3. You waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to Rue La La that Rue La La is free to exercise its rights to and/or implement your User Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.
All User Content is the responsibility of the user, not Rue La La. In addition to the restrictions set forth in Section 1, you agree not to use the Blog to post content or other communications that contain (i) political, libelous, unlawful, abusive, harmful, threatening, harassing, vulgar, obscene, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (ii) advertisements or solicitations of any kind; (iii) personal information (such as social security numbers, account numbers, addresses, phone numbers, employer references, etc.); (iv) confidential information of Rue La La, its parent, subsidiaries, or affiliates; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) multiple comments by the same user restating the same point; (viii) messages by non-spokesperson employees of Rue La La (and its affiliates) purporting to speak on behalf of Rue La La or expressing opinions about us; and (ix) information similar or related to the foregoing.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY USER CONTENT TO THE BLOG BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY USER CONTENT TO OR THROUGH THE BLOG, YOU REPRESENT AND WARRANT THAT ALL YOUR USER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO USER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USER CONTENT. YOU REPRESENT AND WARRANT TO RUE LA LA THAT RUE LA LA IS FREE TO USE THE USER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY RUE LA LA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.
4. Accuracy of Content; Limitations on Quantity. Excluding User Content, the information on this Blog is believed to be complete and reliable; however, the information may contain typographical errors or other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) correct any errors, inaccuracies, or omission; and (ii) make changes to content, product descriptions or specifications, or other information without obligation to issue any notice of such changes.
6. Links to Third-Party Websites; No Implied Endorsements. This Blog may contain links to other websites on the Internet. You acknowledge that, other than the Main Site, we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party.
8. Disclaimers. Rue La La is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any User Content, or to any act or omission by users of the Blog, by Rue La La or by any third party or by any of the equipment or programming associated with or utilized by the Blog. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Rue La La.
Rue La La assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any user communications. Rue La La is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Blog, including any injury or damage to your or other person’s computer related to or resulting from participation on or through the Blog.
THE BLOG, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS BLOG ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, RUE LA LA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS BLOG IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS BLOG WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS BLOG OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
9. Limitation of Liability. IN NO EVENT SHALL RUE LA LA, RETAIL CONVERGENCE.COM, LP, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS BLOG BE LIABLE TO ANY USER OF THE BLOG OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE BLOG OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY RUE LA LA, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF RUE LA LA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF RUE LA LA, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED FIVE HUNDRED DOLLARS ($500.00 USD). WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL RUE LA LA, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS BLOG HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF RUE LA LA.
You hereby acknowledge that the preceding paragraph shall apply to all content and experiences available through the Blog. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
10. International Use. We make no representation that information on this Blog is appropriate or available for use outside the United States. Those who choose to access this Blog from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Copyright Infringement; Notice and Take Down Procedures. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Blog infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Blog the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Blog a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our contact for copyright issues relating to this Blog (including the notices and counter-notices) is: Copyright Agent, Rue La La, 20 Channel Center, Boston, MA 02210, 617-695-7300 Legal@RueLaLa.com. Please note that there are penalties for false claims under the DMCA.
Last Updated: October 4, 2011
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