TERMS AND CONDITIONS OF USE
Welcome to moncler.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 moncler.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, do not access or use the US Site.
moncler.com is the property of Moncler S.p.A., a company having an address at via Stendhal 47 - 20143 Milano, Italy and is operated under license by Moncler USA inc. (collectively referred to as “Moncler”)
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 agree to be bound by and accept our General Terms and Conditions of Use. 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 Moncler via the US Site, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to Moncler 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 Moncler, you grant Moncler 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 Moncler.
6. CONTENT OWNERSHIP AND PERMITTED USE
All content included on moncler.com, including 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 Moncler 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 Moncler, or its Content suppliers, as the case may be. Moncler 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. Moncler 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 Moncler 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 non-transferable 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 Moncler.
You will be solely responsible for all damages and other harm resulting from your use of the US Site and the Content. Moncler 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 Moncler copyright representative for further information via email through the "Contact Us" section of the Site by filling out the Contact Form and selecting "Legal" as the topic.
9. LINKS TO OTHER WEBSITES
You agree that your use of any third party website is at your sole risk and without warranties of any kind by Moncler, expressed, implied or otherwise, including, but not limited to, warranties of title, fitness for a particular purpose, merchantability or noninfringement. Under no circumstances are Moncler and/or Moncler 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 Use, 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 Use shall be brought solely in the City of New York, State of New York.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW 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 MONCLER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MONCLER 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, MONCLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONCLER 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 EMAIL SENT FROM MONCLER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MONCLER 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.