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Terms of Use

Terms of Use

Terms of Use

These Terms of Use apply to the French Connection website located at www.usa.frenchconnection.com (the "Website"). The Website is the property of Roosevelt Connection, Ltd. a company incorporated in the state of New York with its registered office at 184-10 Jamaica Avenue, Hollis, NY 11423 ("French Connection") and its licensors. We recommend that you read these carefully and save a copy of them for future reference. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE.

In order to provide you with the best products and experiences, our services are constantly evolving. We therefore reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Terms defined in the Terms & Conditions, shall have the same meaning in these Terms of Use.

NOTICE REGARDING DISPUTE RESOLUTION:  THESE TERMS OF USE CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE WILL BE RESOLVED. FOR EXAMPLE, SECTION 11 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING

1. YOUR PROMISES

You confirm that you are over the age of 18 and can lawfully enter into a binding contract.

Without limiting any other provisions of this Terms of Use, you agree:

  • to access and use the Website solely for your own, personal, non-commercial use;
  • not to use the Website for anything unlawful;
  • to ensure that any information or details you provide to us are truthful, accurate, complete and up to date;
  • to take all reasonable steps to safeguard the security of your account, including keeping your password confidential;
  • to take responsibility for access to the Website from your computer or mobile device and the activities and purchases that occur under your account or password;
  • you will not, knowingly or negligently, cause the Website to be impaired, interrupted or damaged, including without limitation promising to take all reasonable steps to avoid introducing, transmitting or distributing any viruses, malware, Trojan horses, worms, or other malicious or technically harmful items to our systems or other users;
  • you will not corrupt any data or cause any nuisance, annoyance or inconvenience to us, our customers or our other users of the Website or our services, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use;
  • you will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website;
  • you will not frame portions of the Website within another website or application; and
  • You may not resell use of, or access to, the Website to any third party without our prior written consent.

 

2. OUR SITE

Except where otherwise specified, the content on the Website is displayed solely for the purposes of promoting the availability of our products and services in the USA. We may accept orders for delivery to locations outside of the USA, subject to certain practical restrictions, and your compliance with local customs, legal and regulatory requirements.

Access to our Website is permitted on a temporary basis. We may withdraw or amend the service we provide on our site without notice. We may also temporarily suspend your access to the Website for operational, regulatory or legal reasons, or in order to carry out maintenance, repairs, upgrades or to remove, add or alter our services. We will not be liable if our site is unavailable at any time or for any period for any reason.

Whilst we hope not to do so, we reserve the right to refuse any request made by you, and to close or cancel your account at our sole discretion.

 

3. MAKING A PURCHASE

All product purchases are governed by our Terms of Sale. Please take the time to read these, as they include important legal terms and conditions which apply to you.

 

4. HOW WE USE YOUR INFORMATION

Please review our Privacy Policy for information about how we use your personal data. Please review our Cookie Notice for information on how we use cookies.

 

5. HOW WE WILL COMMUNICATE

You agree to receive communications from us electronically, and that all agreements, notices, disclosures and other communications made between us electronically satisfy any legal requirements that such notices be made in writing.

We will primarily communicate with you by email at the e-mail address you have provided to us. It is your responsibility to ensure that you are able to receive emails from us. We will also, from time to time, provide information to you by way of a notice on the Website.

You acknowledge that you will communicate electronically with us by using the details found on our Contact Us page here.

Any notices sent by email, will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post to us or to you at the address held on your account will be deemed to have been received on the next working day (being a day other than a Saturday, Sunday or public holiday in the State of New York). Any notices provided on the Website will be deemed to have been received by you the next time you use the Website and are presented with the notice.

 

6. USER GENERATED CONTENT POLICY

You are solely responsible for any and all social media posts, content, materials or other information (including without limitation graphics, logos, marks, images, likenesses, photographs, code, videos, clips, GIFs, biographical information, usernames, pseudonyms, social media handles, text, comments, blogs, feedback, reviews, suggestions, or questions) (“User Content”) that you post on our Website, tag to or post on any French Connection related third party social networking site, or otherwise disclose (directly or indirectly) to us.

When you post any User Content on our Website, tag to or post any User Content on any French Connection related third party social networking site, or otherwise (directly or indirectly) disclose any User Content to us you agree to our Terms of Use including the terms of this User Generated Content Policy. If you do not agree to our Terms of Use or the terms of this User Generated Content Policy you should not post any User Content on our Website, tag to or post any User Content on any French Connection related third party social networking site, or otherwise disclose (directly or indirectly) any User Content to us. 

You may only post, distribute or disclose User Content that you created or which the owner of the User Content has given you permission to post, distribute and disclose. By posting User Content to the Website, tagging to or posting any User Content on any French Connection related third party social networking site, or otherwise (directly or indirectly) disclosing any User Content to us you represent and warrant that (a) you own all the rights to the User Content or are authorized to use and distribute the User Content and (b) the User Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

You further promise that any User Content which you post on our Website, tag to or post on any French Connection related third party social networking site, or otherwise disclose (directly or indirectly) to us:

  • will not contain any profanity, blasphemy, racist, sexually explicit, sexually gratuitous, obscene, spiteful, or discriminatory comments or otherwise inappropriate language (“masked” or otherwise);
  • is not abusive, menacing, harassing, threatening, or is otherwise injurious, illegal or objectionable to us or any other person;
  • does not promote or encourage violence;
  • does not contain remarks that repeat criminal accusations, or false, defamatory or misleading statements, or hate speech;
  • is not and will not breach any third parties’ privacy, publicity or intellectual property rights (such as by including music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);
  • does not include comments about other reviewers or bloggers;
  • does not include material which impersonates others or includes personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
  • is not spam or unsolicited advertising / promotional material or any other form of solicitation;
  • does not breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence;
  • does not include third party brand names or trademarks;
  • does not contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • does not include information about French Connection suppliers or manufacturers;
  • does not violate any other applicable law, statute, rule or regulation.

 

You also promise and guarantee that:

  • you are 18 years or older;
  • you own all rights in and to your User Content;
  • if your User Content contains any material that is not owned by or licensed to you or which is subject to third party rights, you have obtained all releases, consents and/or licenses necessary to permit our use of your User Content;
  • if any person(s), other than yourself, are identifiable in the User Content, they are over 18 years of age and you have obtained their lawful permission to grant us the rights specified in this User Generated Content Policy (we may require you to provide us with proof of permission);
  • our use of your User Content will not violate the rights of any third party or any law
  • your User Content complies with our Terms & Conditions (including these Terms of Use) and the third-party social networking sites’ terms of use, as applicable.

We are under no obligation to screen or monitor User Content. We may review User Content from time to time in our sole discretion and will make all determinations as to what User Content is appropriate in our sole discretion. We may edit or remove any User Content at any time without notice.

We have no obligation to use your User Content but so that we can, if we choose to, by posting any User Content on our Website, tagging any User Content with #myFC #frenchconnection, #fcuk and/or @frenchconnection and responding #FCYes to a message from us, or otherwise (directly or indirectly) disclosing any User Content to us:

  • You grant us a non-exclusive, irrevocable, royalty free, perpetual, worldwide licence and all necessary permissions and/or consents required (with full right to sub-license) to use, reproduce, display, perform, publish, distribute, exploit, adapt, and promote your User Content on our Website, and in any other medium now known or invented in future, including without limitation on any of our related social media accounts unless prohibited by law.

 

  • you agree that we may combine your User Content with other materials and may copy, edit, crop, adapt, alter, enhance, modify, translate and create derivate works of your User Content and may distribute, broadcast, transmit, display and otherwise use the User Content in any manner in our sole discretion. Once you post, tag, or otherwise disclose (whether directly or indirectly) User Content to us, we do not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. We shall own all right, title, and interest in any compilation, collective work, or other derivative work created by, or on behalf of us using or incorporating your User Content.

 

  • To the extent permitted by law, you agree to waive any moral rights in the User Content to which you are now or may be at any future time entitled in any jurisdiction and your right to object to derogatory treatment of such User Content. You agree to perform all further acts necessary to perfect any of the above rights include the execution of deeds and documents, at our request.

 

  • To the fullest extent permitted by law, you hereby release and discharge French Connection and all members of the French Connection Group from all and any obligation to pay you for any use of your User Content and any of the intellectual property rights contained therein in connection with the uses described in this User Generated User Content Policy. To the fullest extent permitted by law, you hereby release, discharge and agree to hold French Connection and any person acting on our behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the User Content as contemplated herein.

 

  • We have the right to disclose your identity to any third party who is claiming that any User Content posted on our Website, or any French Connection related third party social networking site, constitutes a violation of their intellectual property rights, their right to privacy, or is otherwise considered menacing, abusive, threatening or illegal. You agree to indemnify us if any third party takes action against us in relation to any such User Content.

If you (or anyone in your User Content) asks us to remove any User Content (including pursuant to Section 7 below), we will remove or take steps to remove such User Content from our Website, email and in-store advertising and all social media accounts that we control. However, you understand that other users of social media platforms can share and make use of the User Content once posted.  In particular, a user of these platforms can take a screenshot of and save an image of the User Content to their device, share the User Content on social media platforms or websites which feature the User Content (and sharing capabilities).

Finally, we do not accept any unsolicited ideas from outside French Connection including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant us an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you. 

We reserve the right to amend this User Generated Content Policy at any time, so please check back here each time you tag or upload any User Content.

 

7. INTELLECTUAL PROPERTY RIGHTS

All rights, including without limitation all copyright, design right, trademarks, database rights and other intellectual property rights in and to the Website and all products and services available through the Website (including without limitation all text, images, graphics, artwork, photographs, videos, audio clips, sounds, logos, user interfaces, visual interfaces, button icons, digital downloads, data compilations, software and computer code (“Content”) together with the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content) are owned by, or licensed to, French Connection.

Some materials on the Website belong to third parties who have authorized us to display the materials, such as logos, trademarks and other proprietary materials.  By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials

French Connection, FCUK and any other registered and unregistered names and/or marks and/or branding used in connection with the Website, or any products and services available through the Website, are the property of the French Connection Group. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are similar, without our prior permission.

As long as you comply with these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable, revocable, royalty free license to access and make personal and non-commercial use of the Website. Any right not expressly granted is reserved. Without limitation to this reservation of rights, this license expressly excludes:

  • modifying, editing, copying, reproducing, distributing, transmitting, communicating to the public, publishing, selling, renting, leasing, or creating any derivative works from any of the content made available via the Website
  • modifying, translating, reverse engineering, decompiling, disassembling or creating any derivative works from the Website
  • deep linking to the Website, without our express written consent
  • the use of framing or similar techniques
  • the use of meta tags or other tags
  • the use of data mining, robots, crawlers or any similar automated systems, software or data gathering and extraction tools to extract and/or utilise data from the Website
  • the unauthorized collection and use of ratings, feedback, listings or other information of the Website.

This license and your right to use the Website automatically terminates if you breach any of our Terms & Conditions.

If you believe that your rights have been infringed by the Website or any of its contents, or you wish to report any inappropriate content, please contact us here.

Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms of Use are reserved by French Connection.

 

8. MISUSE OF OUR WEBSITE

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision and/or intentionally damaging the Website or any other French Connection platforms, you would commit a violation of civil and criminal laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

 

9. LINKING TO AND FROM OUR WEBSITE

We may provide links to the websites of affiliate companies and other third parties via the Website. Other websites may also reference or link to our Website.

We do not control such third parties, or their websites or services. We do not promise or endorse anything in respect of them, and have neither examined, nor evaluated them. We accept no liability whatsoever for any content, advertising, products, services or other materials on or available from such third parties, or their websites. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps. Any dealings by you with any third party on or through the Website shall be solely between you and that third party and we shall not be deemed to be acting as an agent in any such dealings.

You may link to our home page, providing you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not:

  • create a link to any part of our Website other than the home page
  • frame our Website on any other website without our permission
  • establish a link from any website that is not owned by you, or in such a way as to suggest any form of association, approval or endorsement on our part where none exists
  • establish a link from any website that is not owned by you.

The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please contact our Customer Services team who will be happy to help.

 

10. DISPUTES; GOVERNING LAW; CLASS ACTION WAIVER

The laws of the State of New York shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with French Connection, if these efforts fail you agree that all claims, disputes or controversies against French Connection arising out of these Terms of Sale, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and French Connection agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Sale, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SALE, YOU AND FRENCH CONNECTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

 

11. GENERAL INFORMATION

We will not be liable for any delay or failure to perform or comply with our obligations under these Terms of Use by reasons, events or other matters beyond our reasonable control.

If any provision of these Terms of Use is held invalided, void or unenforceable by a court or regulator, that term will be severable and rendered ineffective and will not affect the validity and enforceability of the remaining terms of this agreement.  In such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

All provisions in these Terms of Use, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this agreement.

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.