Welcome to OccasionBrands.com (the “Site), operated by New Occasion Brands, LLC (“New Occasion Brands”, "us", "we", "our"). We provide this site as a service to our customers, employees and the public. Please review the following terms and conditions that govern your use of our Site (the “Agreement”).
By using this site, you are agreeing to be legally bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Site are protected by applicable copyright and trademark law.
We reserve the right to update or modify these terms at anytime without prior notice. You acknowledge and agree that it is your responsibility to review these terms whenever you use the Site and to read and absorb any changes. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the terms as changed.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by New Occasion Brands, LLC.
The Site and the Contents are intended solely for personal, non-commercial use. Permission is granted to temporarily download a copy of the materials (information or software) on our Site for personal, non-commercial transitory viewing only. This is the grant of a license and not a transfer of title.
Prohibited activity under this license includes, but is not limited to:New Occasion Brand’s copyrights, trademarks, trade dress and/or other intellectual property may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of New Occasion Brands.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
We welcome your comments and feedback regarding the Site, our products and our services. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to New Occasion Brands on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain New Occasion Brand's property.
Such disclosure, submission or offer of any Comments shall constitute an assignment to New Occasion Brands of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments without payment of any compensation.
Thus, New Occasion Brands will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. New Occasion Brands is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You hereby grant New Occasion Brands an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever.
Any personally identifiable information you provide to us shall be subject to the Site’s Privacy Policy.
The Site may include links to other websites maintained by third parties ("Linked Sites"). Access to Linked Sites are provided to you solely as a convenience, and the inclusion of site links does not imply endorsement by New Occasion Brands. Your access of any Linked Sites is at your own risk and by accessing them you may leave the Site. Linked sites are not under the control of New Occasion Brands and we are not responsible for the contents of any Linked Sites. Use of any such linked website is at the user's own risk.
Except as otherwise expressly provided, this site, and all contents, products and services are provided on an 'as is' basis. New Occasion Brands, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this site. The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Site are accurate, complete or current. We may make changes to the materials contained on its Site at any time without notice. However we do not make any commitment to update the materials.
New Occasion Brands does not warrant that 1) the contents of this site will be accurate, reliable or free of error 2) that this site or the server that makes it available are free of viruses or other harmful components or 3) that your use of this site will be without interruption.
You use this site at your own risk.
In no event shall New Occasion Brands nor its affiliated or related entities, vendors, suppliers or content providers be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, incidental, punitive, special or otherwise) injury, claim or liability of any kind or character whatsoever based upon or resulting from your use or inability to use the Site or any information or materials provided on the Site, even if we or an authorized representative of ours knew, or should have known, of the potential for such damages. New Occasion Brands is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the site, or any of New Occasion Brand's Terms of Use, your sole and exclusive remedy is to stop using this site.
You agree to indemnify, defend, and hold harmless, New Occasion Brands, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, shareholders, representatives, and third party providers to the Site from and against all third party claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. New Occasion Brands reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with New Occasion Brands in asserting any available defenses.
These Terms of Use constitute an agreement that is effective unless and until terminated by New Occasion Brands. If in New Occasion Brand's sole discretion you fail to comply with any term or provision of this agreement, New Occasion Brands may deny you access to the Site. In the event of denial of access by New Occasion Brands, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.
These terms and conditions are governed by and construed in accordance with the laws of Delaware, without regard to any conflict of law provisions, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of New Occasion Brand's right to require strict observance of each of the terms herein. If any of these terms of use is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. This Agreement constitutes the entire agreement between us relating to your use of the Site.