CROSSEYEDMOOSE.US TERMS OF USE AND CONDITIONS OF SERVICE
Last Updated July 18, 2022
The CROSSEYEDMOOSE.US website (the “Site”) is a service of One Jeanswear Group Inc. (“OJG” or “we” or “us”). These Terms of Use and Conditions of Service, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Terms”), set forth the terms and conditions under which you may use and access the Site.
BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.
Use of Site and Content
Use of Site. You may access and use the Site solely for your personal use in accordance with these Terms. You agree not to access or use the Site in any manner that is prohibited by these Terms or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
Use of Content. You may make a single copy and/or print a single copy of any information displayed or transmitted on the Site (including, but not limited to, logotypes, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like, collectively “Content”) for your personal use only.
Restrictions. Except as expressly permitted in Section 1.1 and 1.2 above, you agree not to, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, perform or display any Content, in each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Content, (e) archive or retain any Content in any form, (f) use Content for any commercial purposes, (g) use any of our trademarks as metatags on other web sites, (h) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (i) display any part of the Site in frames (or any Content via in-line links). You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Content in any way that affects the user’s experience. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with instructions directed to search engines and available on the Site.
Product Information and Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Privacy. Your use of the Site (including but not limited to using the Site to procure any products) is subject to OJG’s Privacy Policy located at OJG Privacy Policy [click here for link to Privacy Policy] incorporated herein by reference, which applies to the collection, use, disclosure, and other processing of personal information by OJG (the “Privacy Policy”). As a result of such incorporation, each user of the Site hereby agrees to comply with the Privacy Policy, as it may be amended from time to time by OJG.
Registration; User Submissions
Registrations. Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. However, if you allow someone else to use your account, you will be responsible for all use of the Site by the person using your account.
User Submissions. By posting or uploading content you have created (including without limitation, photographs, your social media handle, videos, reviews, suggestions and comments) (collectively, “User Submissions”) in connection with your use of the Site or through use of tools or applications we may provide for posting or sharing your User Submissions (including those that you have tagged with OJG or CROSS EYED MOOSE brand hashtags), you grant to OJG and its third-party service providers who provide OJG with content management and website services (collectively, “the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your OJG or CROSS EYED MOOSE-tagged User Submissions and other User Submissions in any manner in OJG’s sole discretion (including, but not limited to, use on its webpages, social media site pages used by OJG, and in its other marketing, promotional and advertising activities), in any media now or hereafter known. OJG may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You hereby grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions as OJG determines in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, or the holder of any such rights has provided you with all necessary licenses, rights, consents and permissions to publish the User Submissions you submit and to grant the rights granted herein, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein, including the right to use and grant the Licensed Parties’ the right to use their name, image, voice and /or likeness without need for payment to you or any other person or person, (iii) you and all person(s) appearing in your User Submissions are not minors, (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, and (v) your User Submissions will not be or contain false, libelous, defamatory, harassing, threatening or otherwise unlawful, abusive, hateful, indecent or obscene material. You hereby release, discharge and agree to hold harmless OJG, the Licensed Parties, its parent and affiliates, and any person acting on OJG’s or their behalf from any liability related in any way to the Licensed Parties’ use of your User Submissions.
Your User Submissions are deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except under the Licensed Parties’ respective privacy policies. OJG is and shall be under no obligation (1) to pay you any compensation for any User Submissions or (2) to use or respond to your User Submissions or to identify you in connection with any such use.
OJG may review, remove, reject or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject or revise content that we believe violates these Terms, is otherwise objectionable, or for any other reason, without prior notice.
Linking and Third-Party Dealings
Links to External Sites. We may provide hyperlinks to other websites and Internet resources operated by parties other than OJG. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such websites does not imply any sponsorship, affiliation or endorsement of the material on such websites or with their operators.
Third-Party Dealings. Some portions of the Site may direct you to a website of a third party. Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Accessibility Statement. OJG is committed to providing outstanding service to people with disabilities — and want everyone to be able to access and use the Site. THE FOLLOWING SETS FORTH THE ACCESSIBILITY STATEMENT FOR THIS WEBSITE:
We are committed to making our website as accessible as possible to people with special needs, including those with visual, hearing, cognitive and motor impairments. We're constantly working towards improving the accessibility of our website to ensure we provide equal access to all of our users.
We always make sure that our website follows accessibility best practices by following the principles of universal design. This ensures the site is flexible and adaptable to different users’ needs or preferences and is accessible through a variety of different technologies, including mobile devices or assistive technologies.
Web Content Accessibility Guidelines (WCAG) 2.1. Wherever possible, our site will adhere to level AA of the Web Content Accessibility Guidelines (WCAG 2.1). These guidelines outline four main principles that state that sites should be:
• Perceivable - Information and user interface components must be presentable to users in ways they can perceive
• Operable - User interface components and navigation must be operable
• Understandable - Information and the operation of user interface must be understandable
• Robust - Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies
Accessibility Tool. This Website uses AccessiBe toolbar ( https://accessibe.com/ ) to allow users to customize the accessibility settings based on their needs. This tool helps user with access needs to adjust any web page so that it can be consumed irrespective of disability of the user.
You can refer to AccessiBe Support https://accessibe.com/support and use the chat feature for help with the Accessibe tool.Intellectual Property. Except for Content that is in the public domain, all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) OJG, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Terms. Except as otherwise expressly provided in these Terms, all rights in and to the Content are expressly reserved by OJG.
No Warranties. The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). OJG does not represent or warrant that the functions contained in the site will be uninterrupted, error-free, bug-free, virus-free free of Trojan horses or other malevolent code, that defects will be corrected, or that the services or the server that makes it available are free of viruses, error, bugs, Trojan horses or harmful components. We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. In addition, we make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. The Site is controlled, operated and administered by us from our offices within the United States.
Additional Terms and Modifications to Terms. WE MAY ADD ADDITIONAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE BY POSTING SUCH TERMS AND CONDITIONS ON THE SITE FROM TIME-TO-TIME. In addition, we may revise these Terms at any time. When we do, we will also revise the “last updated” date at the top of these Terms. You are responsible for regularly reviewing the current Terms. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages. Your continued use of the Site after we post any revised Terms constitutes your agreement to any such revised terms. If you object to any of these Terms or any subsequent changes, you may not use the Site.
Modifications to the Site. For further clarity, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability, and (b) we reserve the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers and/or other services.
Governing Law and Jurisdiction. At present, the Site is hosted on servers located in the United States and is intended to be viewed primarily by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States. These Terms are governed by the laws of the State of New York, USA, except for its conflict of laws provisions.
Miscellaneous. These Terms including, without limitation, any other terms and conditions that may appear on the Site from time-to-time, contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms shall remain in full force and effect. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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 OJG to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. We may provide notice to you relating to the Site and/or these Terms by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws in connection with your purchases or transactions through, or other use of, the Site.