TERMS & CONDITIONS

Kontejus Apparel Group, LLC operates this website (the "Site") on behalf of Kontejus. This document sets forth the terms and conditions of use ("Terms and Conditions") of this Site, and incorporates herein by reference our Privacy Policy. We encourage you to read these Terms and Conditions carefully and to contact us if you have any questions. Also, because it may be necessary for us to make changes to the Terms and Conditions from time to time, you should review the Terms and Conditions regularly. By visiting and using the Site after we have posted changes, you agree to follow and comply with the changes.

In addition, please note that your use of certain services on the Site may be governed by rules that are not specifically set forth in these Terms and Conditions. These rules will be made available to you on the page or pages associated with these services. By using our Site and any of these services, you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.

TERMS & CONDITIONS OF USE

These Terms and Conditions govern your use of the Site and the information and services made available on and through the Site.

I. LINKING AND THIRD PARTY SITES

Our Site contains links to other websites. If you link to another web site from our Site, you will leave our Site and these Terms and Conditions will not apply. Please make sure that you read and are familiar with the legal notices posted on any web site linked to our Site including all privacy policies. The links on our Site are not to be construed as an endorsement of the associated sites or any content displayed at such sites. We cannot and shall not have any responsibility or liability for your visit to and use of any other web sites.

II. SWEEPSTAKES AND CONTESTS

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.

III. SUBMISSIONS; SITE CONDUCT

From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site.

By posting, transmitting or sending us any material or content, you grant to us and Kontejus an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval.

By submitting or sending content or material to the Site you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any so-called "moral rights" associated with the content or material have been waived.

You may not post or transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking," "cracking," "spoofing," or defacing any portion of the Site.

Neither Kontejus Apparel Group nor Kontejus assumes any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. Notwithstanding, we shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on our Site that we find to be in violation of these Terms and Conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site. We reserve the right to terminate your access and/or use of the Site as a result
of your violation of these Terms and Conditions.

IV. COPYRIGHT AND TRADEMARKS

Kontejus Apparel Group, Kontejus and some third parties are the owner of (or have the right to use) trademarks, trade names and trade dress appearing on the Site. The KONTEJUS mark and all other trademarks, trade names and trade dress appearing on the Site may not be used without obtaining written consent from Kontejus.

The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively "content"). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Kontejus Apparel Group, Kontejus and third party content providers also own (or have the right to use) copyrights in the content original to them.

You may not reproduce, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, create derivative works from, or in any way exploit any of the content on the Site, in whole or in part, without our prior written consent.

V. COPYRIGHT INFRINGEMENT

Kontejus Apparel Group prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this Site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the Site;

d. your address, telephone number, and email address;

e. 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;

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.

Our Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Damon Martin
Vice President
Kontejus Apparel Group, LLC
P.O. Box #2032
12700 Inglewood Avenue
Hawthorne, California 90251

By email: Damon.M@Kontejus.com

Upon receipt of such notification, Kontejus Apparel Group will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. 512(c)(3). United States law provides strict penalties for submitting false claims of infringement.

VI. PERMISSIONS

If you are interested in reproducing any content on our Site, you will need our permission. To request permission, please contact:

Ebony Woods
Operations Coordinator
Kontejus Apparel Group, Inc.
P.O. Box #2032,
12700 Inglewood Avenue
Hawthorne California 90251
email: Ebony.W@Kontejus.com

VII. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY AGREE THAT KONTEJUS APPAREL GROUP AND KONTEJUS, AND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF WE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KONTEJUS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL KONTEJUS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.

VIII. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Kontejus Apparel Group and Kontejus, and each of its affiliates and related companies, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising from your use of the Site, any services related to the
Site or any linked site.

IX. MISCELLANEOUS

These Terms and Conditions and any operating rules for the Site established by us constitute ours and your entire understanding with respect to the use of the Site. We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in Los Angeles County, California State. No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions is found to be unenforceable for any reason, than that provision shall be deemed severable from the Policy and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY

Kontejus Apparel Group, LLC ("Kontejus Apparel Group" or "us," "we" or "our"), operates this website (the "Site") on behalf of Kontejus Apparel Group, Inc ("Kontejus"). This Privacy Policy sets forth our information practices and is a part of the Terms and Conditions of Use of this Site located . We encourage you to read this Privacy Policy carefully and to contact us if you have any questions. Your use of the Site indicates your acceptance of this Privacy Policy and any updates that are posted on the Site.

I. NOTICE OF OUR POLICY

This Policy notifies you of, among other things: (i) what information we gather from you, (ii) how we may use or disclose that information, (iii) with whom the information may be shared, (iv) what choices are available to you regarding collection, use and distribution of the information, (v) our efforts to protect the information, and (vi) how you can correct any inaccuracies in the information you provide to us.

II. WHAT TYPES OF INFORMATION ARE COLLECTED AND WHY

a. Information submitted by you

At times, we may ask you to provide information about yourself in order to better serve you. For example, some of the information collected may include name, title, address, phone number, email address, and personal information concerning your interests, occupation, gender and other demographic information. We do not require this information to obtain access to any area of our Site, however, you are required to create a new account or login as a registered user prior to ordering any products on our Site. In addition, we will ask you to submit payment information such as a credit card number and related information (i.e. billing and shipping addresses) in connection with purchases you make from the Site. If you wish to correct or remove your account information please follow the procedures set forth below in the section titled "Can I Update or Remove My Account Information?

 


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