GENERAL TERMS AND CONDITIONS OF USE
Welcome to our web site ("thecorner.com"). These terms and conditions (the "General Terms and Conditions of Use") govern your use of, access to, and purchase of products from the United States section of thecorner.com (the "US Site"). By using the US Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the US Site. We reserve the right, at any time, to modify, alter or update these General Terms and Condition of Use, so please check this page regularly.
thecorner.com is the property of YOOX NET-A-PORTER GROUP S.p.A., an Italian company having an address at Via Morimondo, 17 – 20143 Milano (MI), Italy ("YOOX NET-A-PORTER GROUP"). The US Site is operated, under license, by YNAP Corporation, a Delaware corporation having an address at 100 Fifth Avenue – 12th floor, New York, NY 10011, United States of America ("YOOX USA").
2. OTHER SITE POLICIES
3. PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
4. USER'S SUBMISSIONS
We welcome your comments and feedback regarding the US Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the "Submissions") disclosed, submitted or offered to YOOX USA via the US Site, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to YOOX USA are made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights.
By disclosing, submitting or offering any Submissions to YOOX USA, you grant YOOX USA and YOOX NET-A-PORTER GROUP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to YOOX NET-A-PORTER GROUP or YOOX USA.
All content included on the US Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of YOOX NET-A-PORTER GROUP or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of YOOX NET-A-PORTER GROUP, or its content suppliers, as the case may be.
YOOX NET-A-PORTER GROUP and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content.
YOOX NET-A-PORTER GROUP and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the US Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by YOOX NET-A-PORTER GROUP or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
7. LICENSE AND SITE ACCESS
The viewing, printing or downloading of any Content from the US Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and the Content immediately terminates the license granted by YOOX USA.
You will be solely responsible for all damages and other harm resulting from your use of the US Site and the Content. YOOX NET-A-PORTER GROUP and YOOX USA shall not be deemed liable for any use of the US Site and the Content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.
8. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a YOOX NET-A-PORTER GROUP copyright representative for further information at email@example.com.
9. LINKS TO OTHER WEB SITES
YOOX USA provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, YOOX USA does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY YOOX USA, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE YOOX USA AND/OR YOOX NET-A-PORTER GROUP LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
10. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE US SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY YOOX USA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOOX USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOOX USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOOX USA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM YOOX USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOOX USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.