TERMS AND CONDITIONS
1. Site Contents
All images, graphics, logos, button icons, audio, digital downloads, code, software, trademarks, trade dress and other content used on or incorporated into this Site, both individually and as a whole, are subject to intellectual property rights held by or licensed to Kellwood Company LLC or its affiliates.
Unauthorized use of the Site is expressly prohibited by law, and may result in severe civil and criminal penalties.
2. Use of the Site
a. Who May Use the Site
Your access to and use of the Site is subject to your continued compliance with these Terms of Service and all applicable laws. Your right to access and use the Site will terminate immediately, without any further action by Democracy Clothing, if you breach these Terms of Service.
b. Unauthorized Use of Your Account
You agree to immediately notify Democracy Clothing of any unauthorized use of your customer account or any other breach of security. Democracy Clothing cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to firstname.lastname@example.org with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges or purchases resulting from the use of your account. Democracy Clothing will not be liable for any losses caused by any unauthorized use of your account.
c. Prohibited Uses
The Site may be used only for lawful purposes. You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications on the Site. Democracy Clothing specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following purposes:
- Posting any information that is incomplete, false, inaccurate, or not your own
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
- Communicating, uploading, transmitting, or posting material that is copyrighted or otherwise owned by a third party, unless you have permission of the owner
- Communicating, uploading, transmitting, or posting trade secrets, unless you have permission of the owner
- Communicating, uploading, transmitting, or posting material that infringes on any other intellectual property, privacy, or publicity right of another
- Using the Site to harass, disrupt, or unlawfully interfere with Democracy Clothing’s business interests
3. Inaccuracies and Errors
We endeavor to provide accurate, current and complete information on the Site. However, we cannot guarantee that our Site will be free from human and/or technical errors, and the Site may contain mistakes, omissions or inaccuracies, some of which may relate to product descriptions, pricing and availability, and some information may not be complete or current. We therefore reserve the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We further reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We sincerely apologize for any inconvenience this may cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a Democracy Clothing server or account that you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
Violations of system or network security may result in civil or criminal liability.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED ON AN "AS IS" BASIS. DEMOCRACY CLOTHING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATABILITY, AND SECURITY. DEMOCRACY CLOTHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE CONTENTS, THAT THE WEBSITE OR THAT THE SITE, ITS SERVER OR EMAILS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
6. Indemnification and Release
To the fullest extent of the law, you agree to indemnify, defend and hold harmless Democracy Clothing, its affiliates, officers, directors, employees, consultants, agents, managers, licensors, licensees, successors, assigns, service providers, partners, suppliers and resellers (“Indemnified Parties”), from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising out of or in connection with (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Site with your unique username, password, financial or billing information, or other appropriate security code.
CALIFORNIA RESIDENTS: YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. User Generated Material
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Site (“User Generated Material”) that may be accessible and viewable by the public.
With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Service or any of our other posted policies.
User Generated Material must not:
- Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful.
- Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act.
- Create or threaten harm to any person or loss or damage to any property.
- Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual.
- Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Democracy Clothing or any other person.
- Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- Misrepresent your identity or affiliation with any person or organization, including Democracy Clothing.
- Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications.
- Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Democracy Clothing or the networks or services connected to the Site or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
- Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
- Be otherwise objectionable or non-family friendly as determined by Democracy Clothing at its sole discretion.
We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Site.
We may refuse, alter, or remove any User Generated Material without notice for any reason at Democracy Clothing’s sole discretion, including our belief that User Generated Material may violate these Terms of Service or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Site, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Service. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Site and your interactions with other users.
Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Site that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Service. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Site, whether or not it violates our Terms of Service.
If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Site and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Site, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Site and from any claims related to the conduct of any other users.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL DEMOCRACY CLOTHING AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS DEMOCRACY CLOTHING AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. DEMOCRACY CLOTHING MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
9. Injunctive Relief
10. Waiver and Severability
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, such provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. No waiver by Democracy Clothing of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of any other term or condition and any failure of Democracy Clothing to assert a right or provision under these Terms of Service.
11. Statute of Limitations
12. Choice of Law and Forum
This Agreement shall be governed by and construed under the laws of the State of California, USA, as applied to agreements entered into and to be performed in California-by-California residents. Subject to and without waiver of the arbitration provisions below, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed below) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Los Angeles, California, or federal court for the Central District of California.
13. Dispute Resolution and Binding Arbitration
a. Informal Dispute Resolution. Prior to taking any formal action against Democracy Clothing (including arbitration and court actions), You agree to attempt to resolve any dispute you have with Democracy Clothing informally first, by contacting us directly at [insert email], and providing a brief description of the dispute, your requested relief, and your contact information (“notice of dispute”). You agree to attempt to resolve any and all disputes you may have with Democracy Clothing in good faith informally through this mechanism. You and Democracy Clothing will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree to proceed in accordance with the following terms.
If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Los Angeles, California, or another mutually agreeable location.
Democracy Clothing will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000, unless the Arbitrator determines that your claims were frivolous, in which case Democracy Clothing will not reimburse any portion of your fees due to the American Arbitration Association, unless otherwise required by the applicable law or rules of the American Arbitration Association. Likewise, Democracy Clothing will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with Democracy Clothing only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Service or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California.
c. Waiver of Jury Trial. YOU AND DEMOCRACY CLOTHING WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Democracy Clothing are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Democracy Clothing over whether to vacate or enforce an arbitration award, YOU AND DEMOCRACY CLOTHING WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
d. Class Action Waiver. YOU AND DEMOCRACY CLOTHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. Unless both you and Democracy Clothing agree in writing, no Arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The Arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
e. Exceptions for Intellectual Property Rights and Small Claims Actions. Notwithstanding the above agreement to arbitrate all disputes, You and Democracy Clothing both agree that either Democracy Clothing or You may: (1) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights; or (2) elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis, and such claim within the applicable jurisdictional requirements.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND DEMOCRACY CLOTHING REGARDING ANY ASPECT OF THE SITE (INCLUDING YOUR USE THEREOF) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
14. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement
All contents of the Site including but not limited to text, design, graphics, interfaces, or code are the property and Copyright of Democracy Clothing. All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Democracy Clothing, or other respective owners that have granted Democracy Clothing license to use such marks.
If you believe that any content appearing on the Site, including content created and/or displayed by Democracy Clothing or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
A notification of claimed copyright infringement should be e-mailed to our copyright agent at email@example.com with “DMCA Takedown Request” in the subject line.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest.
- a description of the copyrighted work that you claim has been infringed.
- a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material.
- how we can contact you, such as your address, telephone number and e-mail address.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
- a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Democracy Clothing and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Democracy Clothing’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
15. Entire Agreement
16. Modifications to this Agreement
17. General Provisions
18. Product and Pricing Information
Although Democracy Clothing has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Democracy Clothing cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Democracy Clothing is not responsible for typographical errors regarding price, availability or any other matter. Likewise, Democracy Clothing does not warrant the accuracy of customer product ratings, comments or feedback. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
The Site is operated in the United States and products offered for sale on the Site are available for delivery within the United States only. The prices displayed on the Sites are quoted in U.S. Dollars.
19. Contact Us