Terms and Conditions of Use
Welcome to Exposurebyjoe.com
Exposure by joe, LLC provides website features and other products and services to you when you visit or shop at Exposurebyjoe.com. Please read the below terms carefully. By accessing our website, continuing to access our website, or downloading materials form our website, you agree to abide by these Terms of Use. Exposure by joe may, in its sole discretion, change these terms from time to time. You should periodically visit this webpage to review the most current terms. Using our website after any of these changes means you accept any such changes. If you do not agree to abide by these Terms of Use, do not use our website or download materials from our website.
INTELLECTUAL PROPERTY
AS BETWEEN YOU AND US, ALL RIGHTS IN ALL CONTENT POSTED ON OUR WEBSITE EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH CONTENT. YOU MAY NOT COPY ANY CONTENT FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION, EITHER PURSUANT TO THESE TERMS OF USE OR IN THE FORM OF A RECORD SIGNED BY US. Exposurebyjoe.com IS THE OFFICIAL SELLER OF Exposure by joe BRANDED MERCHANDISE AND IT CAN ONLY BE PURCHASED AT Exposurebyjoe.com OR Exposure by joe’ CATALOG.
CUSTOMER RATINGS AND REVIEWS TERMS OF USE
These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Exposure by joe (the "CRR Service"). To the extent of any conflict between Exposure by joe' Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.
By submitting any content to Exposure by joe, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto; • all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Exposure by joe (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to PowerReviews, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Exposure by joe a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Exposure by joe' sole discretion. Exposure by joe reserves the right to change, condense or delete any content on Exposure by joe' website that Exposure by joe deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Exposure by joe does not guarantee that you will have any recourse through Exposure by joe to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Exposure by joe reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Exposure by joe, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Exposure by joe, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Exposure by joe and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Exposure by joe, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Exposure by joe without charge and Exposure by joe shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Exposure by joe and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Exposure by joe in the future. You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Exposure by joe assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes. In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Exposure by joe the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Exposure by joe will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Exposure by joe or third parties as to the origin of any Submissions or Content. Exposure by joe may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
COPYRIGHTS
Exposurebyjoe.com is © 2017 - 2018, and we reserve all rights. Our website and all of the materials, including, but not limited to, its software or HTML code, scripts, text, artwork, product names, photographs, images, catalogs, video, and audio (collectively, "Content") are protected by United States and international copyright laws and are the property of Exposure by joe All Content provided through our website is provided as a service to our current and prospective visitors and may be used only for personal, informational, and product ordering purposes. No right, title or interest in Exposure by joe Fashion’s Content is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the website or any of its Content without our prior written permission; you may not access or use the website for any competitive or commercial purpose; nor may you permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such Content is prohibited. Any and all rights not expressly granted are reserved by Exposure by joe , as applicable.
TRADEMARKS
Exposure by joe owns all rights regarding its trademarks, trade names, logos, brand names and trade dress ("Trademarks"). These Trademarks are registered and/or common law trademarks of Exposure by joe and they are protected by U.S. and international laws and treaties. No license to the use of such Trademarks is granted to you under these Terms of Use or by your use of the website. Your use or misuse of our Trademarks displayed on the website is strictly prohibited. You are also advised that we may aggressively enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.
LIMITED LICENSE
You are permitted to share Content provided through the website on social media sites such as Facebook, Twitter, Instagram, or similar services. This permission is a limited license to use the Content solely for social purposes and not for any competitive or commercial purposes and does not represent a transfer of title in or to any Exposure by joe Fashion Content.
SPECIAL NOTICE
We have a no-tolerance policy regarding the use of our Exposure by joe Trademark in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of our Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on our website is prohibited absent our express written permission. Associating or juxtaposing our website or its Content (e.g., through framing or inline linking) with advertisements and/or other information not originating from our website is expressly prohibited.
INDEMNIFICATION
You agree to defend, indemnify and hold Exposure by joe , its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of our website, your breach or alleged breach of these Terms of Use, your unauthorized use of the Content or your violation of any rights of any other person.
JURISDICTION
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Exposure by joe Fashion Inc.’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use, together with our posted Privacy Statement, constitute the entire agreement between us relating to your use of our website.