For international Website users: this Website is hosted in the United States and is intended for and directed to users in the United States. This Website may be accessed from countries outside the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all content available through the Website (the “Content”), including without limitation, all text, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and any Content provided by third parties is and/or may be protected by trade dress, copyright, trademark, patent, and/or various other intellectual and other proprietary rights and laws (the “Intellectual Property Rights”). Except as otherwise expressly authorized by OTD in writing in each instance, which authorization may be withheld, delayed and/or conditioned in the sole, absolute and unfettered discretion of OTD, you expressly understand, acknowledge and agree that the Content may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever (and regardless if any such activity and/or enterprise is pursued for gain, profit or other pecuniary advantage), except to the extent that such use is expressly authorized under United States copyright and other relevant laws. Neither we nor our affiliates represent or warrant that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.
USE OF THE WEBSITE
ELIGIBILITY FOR SITE REGISTRATION AND ACCOUNT SECURITY
You may browse the Website without registering for an account; however, you may be required to register for an account to use certain features of the Website. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you and you agree to keep any and all account information current, complete, accurate and truthful. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You agree to immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
The Website has security measures in place to protect against misuse, unauthorized use and alteration of the information under our control. To the maximum extent permitted by applicable law, OTD shall not be responsible for any harm, loss, damage, liability, cost or expense (including attorneys’ fees) that you or any third party may suffer as the result of a breach of confidentiality with respect to information you transmitted to this Website.
PURCHASING PRODUCTS THROUGH THE WEBSITE; ERRORS AND INACCURACIES
We attempt to describe the products available on the Website as accurately as possible. However, please be advised that we do not represents and/or warrant that product descriptions are accurate, complete, reliable, current or error-free or that the actual look, feel and/or color of the product that you receive is what you expected.
Your placement of an order through the Website does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it.
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We intend to make every effort to insure the accuracy of the Content of the Website, and when errors are discovered, we will correct them. You are advised that we reserve the right to revoke any stated offer, to correct any errors, inaccuracies or omissions, or to cancel your order, even after an order has been submitted, or after it has been confirmed or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded for the full amount of your order.
Risk of loss and title for items purchased from this Website pass to the purchaser upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.
SUGGESTIONS, RECOMMENDATIONS OR OTHER FEEDBACK
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
LINKING TO THIS WEBSITE
LINKS TO OTHER SITES
15% off your first full price purchase: Offer can be redeemed at otdnyc.com and in OTD retail locations. To redeem online, enter WELCOME15 code at checkout. Offer is valid on a single full-priced transaction before tax. Offer is not redeemable for cash, is not valid on previous purchases and cannot be combined with any other promotions/offers/savings including employee discounts. Limit one per customer. Offer is non-transferable. Offer not valid on sale merchandise, Jewelry or Hanro styles. Offer valid in the US only. Additional exclusions may apply. If you have any questions about this offer, please contact email@example.com.
15% off your first full price purchase: Offer can be redeemed at otdnyc.com only. To redeem online, enter OTD15 code at checkout. Offer is valid on a single full-priced transaction before tax. Offer is not redeemable for cash, is not valid on previous purchases and cannot be combined with any other promotions/offers/savings including employee discounts. Limit one per customer. Offer is non-transferable. Offer not valid on sale merchandise, Jewelry or Hanro styles. Offer valid in the US only. Additional exclusions may apply. If you have any questions about this offer, please contact firstname.lastname@example.org.
THE COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY AND COMPLETENESS OF ANY INFORMATION PROVIDED ON THIS WEBSITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY AND ITS AGENTS HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY CONSEQUENCE TO YOU THAT MAY ARISE FROM AND/OR RELATE TO, DIRECTLY OR INDIRECTLY, ANY ACTION YOU TAKE OR REFRAIN FROM TAKING BASED ON THE CONTENT, INFORMATION, SERVICES OR OTHER MATERIAL ON THIS WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE CONTENT ON THIS WEBSITE ACCURATE, COMPLETE AND UP-TO-DATE, THE COMPANY DOES NOT GUARANTEE, AND IS NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT ON THIS WEBSITE.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THIS WEBSITE
WE PROVIDE THE WEBSITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE." WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
MOREOVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR NETWORK OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY IMPLIED WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, OUR SUPPLIERS, ADVERTISERS AND/OR PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE WEBSITE TO CONFORM TO ANY APPLIABLE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
APPLICABLE LAW AND VENUE
ENTIRE AGREEMENT: SEVERABILITY
NO THIRD PARTY BENEFICIARIES
All Content included on the Website, including the web site design, software, text, graphics and images is the property of the Company and its affiliated companies or its content suppliers and is protected by the copyright laws of the United States and internationally. The images used on this site are the property of their respective copyright owners and are used by the Company pursuant to express authorization from the copyright owners or their agents. The content, images and software on this site may be used as a shopping resource or information for use of the Company products. Any other use, including, the reproduction, modification, distribution, transmission, republication or display, of the content, images and software on this site is strictly prohibited.
The trademarks of the Company (the “Trademarks”) may and/or are registered in the United States. None of the Trademarks may be used without, in each instance, the prior written consent of the Company and/or the owners thereof.
CALIFORNIA RIGHTS; RIGHT TO OPT-OUT
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010
OTD has built its brand around the consistent production of high-quality products, and is committed to supporting and improving labor rights and working conditions across the retail and apparel industries. As a business, we have a moral responsibility to protect and care for the people who create and bring our products to our customers. OTD supports the California Transparency in Supply Chains Act of 2010, and requires all of its suppliers to prohibit the hiring of slave labor and prevent practices that could contribute to human trafficking.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
OTD respects the intellectual property of others. Pursuant to the Digital Millennium Copyright Act (“DMCA”), OTD has designated an agent (the “Copyright Agent”) to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent the written information specified below:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. 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 the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
OTD’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows: email@example.com
Upon receipt of the written notification containing the information as outlined in 1 through 6 above, the Company will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i) removing or disabling access to the material that is alleged to be infringing; (ii) forwarding the notification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed or disabled access to the material.
The information communicated on this Website constitutes an electronic communication. When you communicate with the Company through this Website or via other forms of electronic media, such as e-mail, you are communicating with the Company electronically. You acknowledge that the Company may communicate with you electronically and that any such communication, as well as, any notices, disclosures, agreements or other communications that the Company provides to you electronically, are equivalent to communications between you and the Company in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
The Company’s address and contact information is: 176 Grand St 4th Floor New York, NY 10013. firstname.lastname@example.org