Terms of Service
Welcome to WisdomTail.com. We provide services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). Additionally, when you use our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to those services, which are incorporated into this Agreement by reference. We reserve the right to change the Site and these terms and conditions at any time.
1. Use of Site
You represent and warrant that you are at least 18 years old, or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, WisdomTail.com hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Site or any portion of it unless expressly permitted in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the profit of another business unless explicitly permitted in advance. WisdomTail.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if WisdomTail.com believes that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. WisdomTail.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and WisdomTail.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you, whether or not such access to and use of this Site is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify WisdomTail.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
2. New Users Subscribed By Default to Newsletter
Notice: WisdomTail.com may ship from different warehouses. For orders with multiple items, we may split your order into several packages according to stock levels at our discretion. We will process orders according to the dispatch time indicated on the website. If the item has not been shipped based on this estimation, we will offer the customer a solution via the Support Center. If the customer contacts us before this, we will act according to their requests and our policy. Thank you for your understanding.
3. 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, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, 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 rights) to WisdomTail.com without charge. WisdomTail.com 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 and shall not be returned to you, and you agree not to raise any dispute in connection with any use of the entry 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. WisdomTail.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify WisdomTail.com 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 WisdomTail.com 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 will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead or deceive third parties as to the origin of any Submissions or Content. WisdomTail.com shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
4. Copyright
All text, graphics, photographs, or other images, button icons, audio clips, logos, slogans, trade names, word software, and other contents on the website (collectively, "Content"), belong exclusively to WisdomTail.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute, or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted, without WisdomTail.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools as well as the use of our trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the Site and for no other purpose. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to WisdomTail.com. You may not use our Content or Compilation in any manner that disparages or discredits us or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property and/or its Software suppliers. The Content, the Compilation, and the Software are all protected under state, national, and international copyright laws. All rights not expressly granted are reserved. Violators will be prosecuted to the full extent of the law.
WisdomTail.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival, or other names or titles have no connection to WisdomTail.com and are the sole property of the copyright or trademark holders. Our products are inspired by celebrity styles and are our recreations of items used by celebrities on television shows or red carpets; however, they are not authorized, endorsed, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
5. Intellectual Property Infringement Policy
It is our policy to take appropriate action where necessary to uphold and recognize all relevant State, Federal, and International laws regarding material that is claimed to be infringing any trademark, copyright, patent, or other intellectual property laws. If you are an intellectual property rights owner and you believe that we are selling or offering for sale goods and/or services that infringe your intellectual property rights, please send the following information to us:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- A description of the allegedly infringing work or material;
- A description of where the allegedly infringing material is located on the Site (product URL);
- Your contact information such as address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
- Identification of the intellectual property rights that you claim are infringed by the Website (e.g., "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04");
- A statement by you that the above information is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.