Terms of Use

Terms of Use

Thank you for shopping at Rue La La. This site (this “Blog”) is operated by Rue La La, a division of Retail Convergence.com, LP (“Rue La La” or “we,” “us,” “our” and similar references). BY ACCESSING OR USING THIS BLOG, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE BLOG FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.  These Terms of Use do not apply to other web sites to which we link including, but not limited to, www.ruelala.com (the “Main Site”).

1. Use of the Blog. You may use the Blog only in accordance with and subject to these Terms of Use and the Blog’s Privacy Policy (the “Privacy Policy”) (available at http://www.ruelala.com/blog/privacy). Once you submit your email address to us, you have opted in to receive email communication from us. You may not use the Blog for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Rue La La or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Blog to: (a) transmit via or through the Blog any information, data, text, images, files, links, or software except in connection with your authorized use of this Blog or otherwise in response to specific requests for information by us; (b) introduce to the Blog or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, other users of this Blog or an employee of Rue La La; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Blog or any component of this Blog; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Blog for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

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.

2. User Eligibility. The Blog is available to users who are 18 years or older and who have not been suspended or removed by Rue La La for any reason. By using the Blog, you represent that you are of legal age. Rue La La reserves the right to revoke or prohibit you from posting comments on the Blog for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy or the terms of use or the privacy policy of the Main Site.

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.

5. Proprietary Rights. Excluding User Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Blog are the property of Retail Convergence.com, LP and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Blog. Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by Retail Convergence.com, LP or Rue La La. All trademarks not owned by Rue La La that appear on the Blog are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. Rue La La relies upon a network of independent vendors who supply some of the goods advertised and/or promoted on the Blog and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Blog, or items advertised and/or promoted on the Blog, by our vendors.

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.

7. Indemnification. By using this Blog, you agree to indemnify, hold harmless, and defend Rue La La, Retail Convergence.com, LP, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “RLL Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Blog; (ii) a dispute with a user of the Blog; (iii) your breach of the Terms of Use; (iv) your violation of any law or the rights of a third party; or (v) your User Content. You agree to cooperate as fully as reasonably required in the defense of any claim. Rue La La reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the RLL Indemnitees.

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.

11. Unavailability of Blog; Termination; Fraud. We may alter, suspend, or discontinue this Blog in whole or in part, at any time and for any reason, without notice or cost. In addition, the Blog may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Blog, your ability to post comments on the Blog or your membership to the Main Site, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of and your username on the Blog is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use or your username is terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

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.

13. Choice of Law and Forum. These Terms of Use and any dispute of any sort that might arise between you and Rue La La or its parent, subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, , as amended from time to time. Any action brought to enforce this Agreement or matters related to the Blog will be brought in either the state or federal courts in Boston, Massachusetts; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against Rue La La, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Blog must be commenced within one (1) year after the claim arises.

14. Miscellaneous. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Rue La La with respect to the Blog and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Rue La La with respect to the Blog. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Rue La La to act with respect to a breach by you or others does not waive Rue La La’s right to act with respect to subsequent or similar breaches. Rue La La’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rue La La without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

Last Updated: October 4, 2011
© 2011 Retail Convergence.com, LP. All rights reserved.

 


September 26, 2011