TERMS OF USE / LEGAL TERMS (Last Revised February, 2008)
Welcome to the Lane Bryant Tinley Park Memorial Fund Site (the “Site”). This Site is operated by Charming Shoppes Interactive, Inc., a subsidiary of Charming Shoppes, Inc. Please review the following basic terms that govern your use of this Site (this “Agreement”). Charming Shoppes Interactive, Inc. (“Charming Shoppes Interactive”) grants you permission to view this Site and to download and print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Charming Shoppes Interactive that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this Agreement, Charming Shoppes Interactive will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Unless otherwise noted, all materials, including without limitation, text, logos, images, designs, photographs, graphics, sound, and written and other materials, that appear as part of this Site (including without limitation the trademark Lane Bryant) and this entire Site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the “Intellectual Property”) owned, controlled or licensed by Charming Shoppes, Inc. its affiliates and subsidiaries (collectively, “Charming Shoppes”) and others. This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. The name and logo of Lane Bryant and the other Charming Shoppes formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Charming Shoppes. Charming Shoppes prohibits use of any logo of Charming Shoppes or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Charming Shoppes in writing. Fair use of Charming Shoppes’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners.
Charming Interactive owns a copyright in the selection, coordination, arrangement and enhancement of all content on this Site, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only.
This Site may contain links to sites owned or operated by parties other than Charming Shoppes Interactive. Such links are provided for your reference only. Charming Shoppes Interactive does not monitor or control outside sites and is not responsible for their content. Charming Shoppes Interactive’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Charming Shoppes Interactive’s inclusion of the links imply that Charming Shoppes Interactive is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
From time to time the Site may contain articles that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles is correct and the publishing of third party articles shall not in any event be deemed an endorsement by Charming Shoppes Interactive or any of its affiliates of the material contained therein. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of this Site are those of the respective author(s) or distributor(s) and not of Charming Shoppes Interactive. Neither Charming Shoppes Interactive nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, subscriber, or other user not under contract with Charming Shoppes Interactive. Charming Shoppes Interactive neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by anyone other than authorized Charming Shoppes Interactive employee spokespersons while acting in their official capacities. Under no circumstances will Charming Shoppes Interactive or any of its affiliates be liable for any loss or damage caused by a subscriber's reliance on information obtained through this Site. It is the responsibility of a user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Postings on this Site are made at such times as Charming Shoppes Interactive determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. Charming Shoppes Interactive does not review past postings to determine whether they remain accurate and information contained in such postings may have been superceded. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
CHARMING SHOPPES INTERACTIVE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CHARMING SHOPPES INTERACTIVE AND ITS AFFILIATES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER CHARMING SHOPPES INTERACTIVE NOR ANY OF ITS AFFILIATES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER CHARMING SHOPPES INTERACTIVE, ITS AFFILIATES OR AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER CHARMING SHOPPES, INC. NOR ANY OF ITS AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold Charming Shoppes and Charming Shoppes Interactive harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site.
If you have any questions about this Agreement or the Site, please write us at:
Charming Shoppes, Inc., Legal Department, 450 Winks Lane, Bensalem, PA 19020.