Tilly's Terms Of Use - Clothing Shoes Accessories

 

This website, http://www.tillys.com and the mobile application (the “Website”) is hosted by World of Jeans & Tops d/b/a Tilly’s (“Tillys”).  We welcome all users to the Website.  All users, including those who are less than 18 years of age (“Minors”), should read our privacy policy available on our Website.  Our privacy policy explains our practices regarding the collection, use, and disclosure of personal information from users and Minors who register on the Website and describes a parent's or guardian's (each, a “Parent”) ability to limit the collection and use of data collected from the Minor.  If you are a Minor, your parent or legal guardian must agree to these Terms of Use on your behalf and you may register an account or shop on the Website with permission from your parent or legal guardian.  Individuals may use many aspects of the Website without providing any personal information. 

 

By using the Website, you agree to be bound by all the terms and conditions contained in these Terms of Use.  Please read these Terms of Use carefully.  When you use any current or future version of the Website or any other Tillys Website, you also will be subject to these Terms of Use.  Please print a copy of these Terms of Use for your records. We may, from time to time, modify the Terms of Use. When we make changes, we will post those in a new Terms of Use. Your use of the Website following any such modification constitutes your agreement to the modified Terms of Use. You should visit this page frequently to learn of any changes to these Terms of Use.

 

Acceptable Use of the Site and Services

You are responsible for your use of the Website, and for any use of the Website made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Website, you may not:

•     violate any law or regulation;

•     violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

•     post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

•     send unsolicited or unauthorized advertising or commercial communications, such as spam;

•     engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website;

•     transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

•     stalk, harass, or harm another individual;

•     impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

•     use any means to scrape or crawl any Web pages contained in the Website;

•     attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;

•     attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or

•     advocate, encourage, or assist any third party in doing any of the foregoing.

 

Trademarks
Tillys is a registered trademark of World of Jeans & Tops. Tillys and other marks indicated on our Website are trademarks or registered trademarks of World of Jeans & Tops.  All rights in such names are reserved.

 

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Tillys or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Tillys or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any trademark of Tillys or any third party.

 

Copyright
Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Tillys or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Tillys or any third party.

 

The Website and the information contained on it are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Use, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Tillys or its lawful successors and assigns.

 

Notice of Copyright or Trademark Infringement

Tillys respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, please provide Tillys with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an email address, so that Tillys may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), we have designated a copyright agent to receive copyright infringement notices. Tillys agent for notice of claims of copyright or trademark infringement on the Website is:

Vice President and General Counsel, Tillys, 10 Whatney, Irvine, CA 92618 [copyrightagent@tillys.com or (866) 484-5597]


Forums

As used in these Terms of Use, “Forum” means an area, site, or feature (such as chat rooms, bulletin boards, Tillys’ pages on social media sites, and e-mail or instant messaging features) offered as part of the Website that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Website visitors and members of the general public. Any submission may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information on a Forum, your use is at your own risk.

We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our Website.

 

User Profile Information

When you set up a user profile, Tillys will require you to provide a password, username, or other information such as your name and email address. You agree and represent that all of the information you provided is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, or assign or sub-license your user profile to any third party without our prior written approval. You are solely responsible for all your individual usage or activity on the Website including, but not limited to, use of the Website by any person who uses your user profile, with or without authorization. You agree to notify Tillys of any breach of security on your account. Tillys will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

 

You are responsible for the protection of the password that you use to access the Website and for any activities or actions under your password. We encourage the use of “strong” passwords with your account.

 

User Content

The Website allows you to upload, submit, store, send, or receive content and data (“User Content”) such as through a Forum or a contest or sweepstakes.  You retain ownership of any intellectual property rights that you hold in that User Content.  In other words, you own your User Content.

 

When you upload, submit, store, send, or receive User Content to or through the Website, you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content.  This license is for the purpose of operating, promoting, and improving the Website, to promote Tillys, as well as for other purposes that Tillys may determine in its sole discretion.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights under this license anywhere in the world.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Website. 

 

You promise that:

  • you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 

By submitting User Content, in addition to any other grants which may be granted in any other agreement entered into between you and Tillys and if you provide such information or content to Tillys, you irrevocably grant Tillys and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Website and hereby release Tillys from any liability with respect thereto.

 

We may refuse to accept or transmit User Content for any reason.  We may remove User Content from the Website for any reason. 

 

Eligibility

By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

 

 

License and Website Access
Tillys grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tillys. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

 

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tillys. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tillys and its affiliates without express written consent of Tillys. You may not use meta tags or any other hidden text using Tillys name or trademarks without the express written consent of Tillys. Any unauthorized use will immediately terminate the permission or license granted by Tillys.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tillys so long as the link does not portray Tillys or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Tillys in its sole discretion. You may not use any Tillys logo or other proprietary graphic or trademark as part of the link without express written permission of Tillys. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking," or otherwise, without prior written permission from Tillys.

 

Third Party and Co-Branded Websites
The Website may contain hyperlinks ("Links") to websites operated by persons or entities other than Tillys ("Third-party Websites") or to co-branded websites operated by a third party, including affiliates ("Co-branded Websites"). We provide these Links for your reference and convenience only. A Link from Tillys to a Third-party Website does not imply or mean that we endorse the content on that Third-party or Co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any Third party or Co-branded Websites to which you might link from our Website.

Tillys is not responsible or liable for any loss or damage incurred as a result of any dealings with any Third-party Website or Co-branded Website, any merchant or operator of a Third-party Website or Co-branded Website, or any other person with whom you may engage in any transaction.

 

Your Responsibilities
You agree to comply with all applicable laws in connection with your use of the Website, and any further limitations as may be set forth in any written or on-screen notice from Tillys. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any Co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Tillys or any Co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

 

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions like accessing data not intended for you or logging into a 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; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.

 

Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Tillys. Title to products purchased on the Website, as well as the risk of loss for such products, pass to you when Tillys delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material
.

 

Product Information
Tillys attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free.  In some cases, merchandise displayed for sale at the Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.

 

Colors
We made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.

 

Disclaimer of Warranties and Limitations on Liability

YOU USE THE WEBSITE AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, TILLYS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. 

 

IN PARTICULAR, TILLYS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE.  TILLYS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TILLYS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Certain states or jurisdictions 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 and you may have additional rights.  To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

 

Indemnification
You agree to defend, indemnify, and hold harmless Tillys and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Tillys arising out of or relating to your use, or anyone using your account’s use, of the Website, your violation of these Terms of Use, or your violation, or anyone using your account’s violation, of any rights of another.

 

Complaints

You agree that you shall immediately notify Tillys in writing of any objectionable content appearing on the Website. Tillys will make good faith efforts to investigate allegations that any content violates these Terms of Use but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Content whatsoever.

 

Miscellaneous Provisions
Tillys may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tillys as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use will take away from Tillys right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Tillys with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

The failure of Tillys to enforce any provisions of these Terms of Use or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

 

If any provisions in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

These Terms of Use represent the entire and final agreement regarding our Website and any Forum content, and supersedes any prior or contemporaneous communications between Tillys and you regarding our Website and its contents.  All rights not expressly granted to you in these Terms of Use are reserved to Tillys. 

 

These Terms of Use were last updated on August 3, 2015. 

 

 

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