We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of Breakwater Surf Co. Your submission of any Comments shall constitute an irrevocable assignment to Breakwater Surf Co. of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Breakwater Surf Co. and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Breakwater Surf Co. is a registered trademark of World of Jeans & Tops. Breakwater Surf Co. 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 Breakwater Surf Co. or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Breakwater Surf Co. 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 Breakwater Surf Co. or any third party.
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 Breakwater Surf Co. 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 Breakwater Surf Co. or any third party.
Notice of Copyright or Trademark Infringement
Breakwater Surf Co. 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 Breakwater Surf Co. 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 if available, so that Breakwater Surf Co. 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.
We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our Website.
There are two general purposes where you might submit content to us via the Internet or other means. The first is in connection with a contest, sweepstakes or other promotional activity. The second is in connection with a Forum. In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest, sweepstakes or promotion, in consideration of your entry you will, by your submission, be deemed to have assigned to us all right, title and interest in the content you may have and you agree to execute any further documentation to effect or memorialize the transfer.
We may edit or delete any content provided by you at any time at our sole discretion. Further, we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.
License and Website Access
Breakwater Surf Co. 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 Breakwater Surf Co. 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 Breakwater Surf Co. 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 Breakwater Surf Co. and its affiliates without express written consent of Breakwater Surf Co. You may not use meta tags or any other hidden text using Breakwater Surf Co. name or trademarks without the express written consent of Breakwater Surf Co. Any unauthorized use will immediately terminate the permission or license granted by Breakwater Surf Co.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Breakwater Surf Co. so long as the link does not portray Breakwater Surf Co. or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Breakwater Surf Co. in its sole discretion. You may not use any Breakwater Surf Co.logo or other proprietary graphic or trademark as part of the link without express written permission of Breakwater Surf Co. 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 Breakwater Surf Co.
Third Party and Co-Branded Websites
The Website may contain hyperlinks (“Links”) to websites operated by persons or entities other than Breakwater Surf Co. (“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 Breakwater Surf Co. 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.
Breakwater Surf Co. 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.
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, Breakwater Surf Co.. Title to products purchased on the Website, as well as the risk of loss for such products, pass to you when Breakwater Surf Co. delivers these items to the carrier.
Breakwater Surf Co. 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
Breakwater Surf Co. provides this Website on an “as-is” and “as available” basis. To the maximum extent permitted by law, Breakwater Surf Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, as to the operation of the Website. This disclaimer also applies to the information, content, third-party content, materials, products, services, or linked services provided on or through the Website, including, without limitation:
- that the information provided through the Website will be free from error, omission, interruption, defect or delay in operation, or from technical inaccuracies or typographical errors;
- that the Website will be available at any particular time or location;
- that the defects or errors in service will be corrected; or
- that the content on the Website is free from viruses or other harmful components.
Any information on this Website is subject to change without notice and we disclaim all responsibility for these changes. You expressly agree that your use of this Website is at your sole risk.
In no event will Breakwater Surf Co., or any party involved in creating, producing, or delivering the Website, be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Breakwater Surf Co. through the Website; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously 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.
Breakwater Surf Co. 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.