Marc Ecko Enterprises

TERMS OF USE

Welcome to this website (this "Site") which is operated by or for one of the limited liability companies, referred to collectively as Marc Ecko Enterprises ("MEE"). The following terms govern your use of and/or purchase of products from the Site. Be advised that your use of the Site constitutes your agreement to follow and be bound by all of the following terms and conditions (the "Agreement").

GENERAL

We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed.

We may change, move or delete portions of, or may add to, the Site from time to time, for any reason, with or without notice.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by MEE. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by MEE.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to MEE on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the sole property of MEE. Such disclosure, submission or offer of any Comments shall constitute an assignment to MEE of any and all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MEE shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Without limiting the foregoing, MEE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you or any other person or entity any compensation for any Comments; or (3) to respond to any Comments.

You agree, represent and warrant that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain, solely responsible for the content of any Comments you make.

You agree that MEE may use and/or disclose information about your demographics and use of the Site in any manner, subject to the terms of MEE's Privacy Policy. Without limiting the foregoing, you agree that MEE may use your information for marketing and promotional purposes.

MEE's COMMUNICATIONS TO YOU

You agree that MEE may send electronic mail or other communications to you for the purpose of advising you of changes or additions to the Site, about any of MEE's products or services, or for such other purpose(s) as MEE deems appropriate. Please see MEE's Privacy Policy.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that the Site contains links to outside services and resources, the availability and content of which MEE does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER MEE NOR ANY OF ITS AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless MEE and/or any of its affiliates, owners, employees and/or agents from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

MISCELLANEOUS


This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively in the State and Federal courts of the State of New York in New York County.

TERMINATION

This Agreement is effective unless and until terminated by MEE. MEE may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in MEE's sole discretion you fail to comply with any term or provision of this Agreement, or if MEE for any reason otherwise so decides to terminate. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.