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Terms Of Use
Friday, 09 April 2010 13:57 | 
Author: Administrator | 
Terms and Conditions of Use:
Welcome to bestonlinelingerie.com, the web site of Kimberly’s Closet (“Kimberly”). The goal of this web
site is to provide access to the best assortment of special and intimate occasion products and services
to the largest group of people possible. To insure a safe, non-offensive environment for all of our
users, we have established our Terms of Use. It spells out what you can expect from us and what we
expect from you. By accessing any areas of bestonlinelingerie.com, users (“Users”) agree to be legally
bound and to abide by the terms set forth below, as they may be modified by us at any time and posted on
this web site. In the event of a violation of these terms and conditions, we reserve the right to seek
all remedies available in law and in equity.
I. TRADEMARKS
Kimberly and its affiliated companies retain all rights regarding their trademarks, trade names, brand
names and trade dress. These marks, names or trade tress, and all associated logos or images, are
registered and/or common law trademarks of Kimberly or its affiliated companies, and are protected by
U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is
granted to you under these terms and conditions or by your use of bestonlinelingerie.com. Your misuse
of the trademarks displayed on bestonlinelingerie.com is strictly prohibited. You are also advised that
we will aggressively enforce our intellectual property rights to the fullest extent of the law,
including the seeking of civil remedies and criminal prosecution.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of bestonlinelingerie.com is at User’s sole risk. Neither Kimberly nor
its affiliates, nor any of their respective officers, directors, or employees, agents, third-party
content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that
bestonlinelingerie.com will be uninterrupted or error-free; nor do they make any warranty as to the
results that may be obtained from the use of bestonlinelingerie.com, or as to the accuracy, reliability,
or currency of any information content, service, or merchandise provided through bestonlinelingerie.com.
THIS SITE IS PROVIDED BY KIMBERLY ON AN “AS IS”AND “AS AVAILABLE” BASIS. KIMBERLY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIMBERLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIMBERLY WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KIMBERLY OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Kimberly or any other party involved in creating, producing, or
distributing bestonlinelingerie.com be liable for any direct, indirect, incidental, special, punitive or
consequential damages that result from the use of or inability to use bestonlinelingerie.com, including
but not limited to, a User’s reliance on any information obtained from bestonlinelingerie.com or that
result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses,
delays in operation or transmission, or any failure of performance, whether or not resulting from acts
of God, communications failure, theft, destruction, or unauthorized access to Kimberly records,
programs, or services. User hereby acknowledges that this paragraph shall apply to all content,
merchandise, and services available through bestonlinelingerie.com. Because some states do not allow
the exclusion or limitation of liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that bestonlinelingerie.com contains information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are
protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright laws, and Kimberly owns a copyright
in the selection, coordination, arrangement, and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole or in part.
b. SINGLE COPY LICENSE
Subject to all provisions herein, you may make one copy, by either downloading or copying, of text,
photographs, images, video, and audio contained in this site on a single computer for your personal,
non-commercial use only. However, any use of bestonlinelingerie.com, including the downloading or
copying of our materials from this web site for your personal use, will indicate your consent and
agreement to the terms stated in this notice. No right, title or interest in our material downloaded or
copied from this web site is conveyed to you as a result of any such downloading or copying, and such
downloaded or copied material may not be used for any commercial purpose. This is a license, not a
transfer of title to our material, and such license is subject to the following restrictions:
a. you may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative
works from, sell, rent, or otherwise exploit this web site or any of its contents without our prior
written permission;
b. you may not post, upload, display or otherwise transmit our materials to another web site,
including but not limited to, any personal or commercial web sites; and
c. you agree to prevent any unauthorized copying of our materials.
If no specific restrictions are displayed, Users may make one copy of select portions of the Content,
provided that the one copy is made only for User’s personal, non-commercial use and that User maintains
any notices contained in the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use
privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed by the software license agreement accompanying
such software.
c. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on
bestonlinelingerie.com only Content that is not subject to any copyright or other proprietary rights
protection (collectively, “Public Content”), or Content in which the author has given express
authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content
distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by
[name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the User to criminal prosecution as well as
personal liability for damages in a civil suit. User will be liable for any damage resulting from any
infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
Neither Kimberly nor its affiliates, nor any of their respective officers, directors, employees, agents,
Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such User submission. In compliance with the
Digital Millennium Copyright Act, Users and other persons can report infringement to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
. By submitting Content to any User-submit areas, User automatically
grants, or warrants that the owner of such Content has expressly granted Kimberly the royalty-free,
perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate,
sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in
other works in any form, media, or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other User to access, store, or
reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed
on bestonlinelingerie.com retains any and all rights that may exist in such Content.
d. THIRD-PARTY CONTENT
Kimberly is a distributor and not a publisher of Content supplied by third parties and Users. Kimberly
has no more editorial control over such Content than does a public library or newsstand. Any opinions,
advice, statements, services, offers, or other information that constitutes part of Content expressed or
made available by third parties, including Providers or any other User of bestonlinelingerie.com, are
those of the respective authors or distributors and not of Kimberly or its affiliates or any of their
respective officers, directors, employees, or agents. Neither Kimberly nor its affiliates, nor any of
their officers, directors, employees, or agents, nor any third party, including any Provider, or any
other User of bestonlinelingerie.com, guarantees the accuracy, completeness, or usefulness of any
Content, or its merchantability or fitness for any particular purpose. In many instances, the Content
available through bestonlinelingerie.com represents the opinions and judgments of the respective
Provider or User not under contract with Kimberly. Kimberly neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement made on bestonlinelingerie.com by anyone
other than authorized Kimberly employees. Under no circumstances shall Kimberly or its affiliates, or
any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm
caused by a User’s reliance on information obtained through bestonlinelingerie.com. It is the
responsibility of User to evaluate the information, opinions, advice, or other Content available through
bestonlinelingerie.com.
e. EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United
States. This includes the electronic transmission of information and software to foreign countries and
to certain foreign nationals. User agrees to abide by these laws and their regulations, including but
not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by
electronic transmission or otherwise, any Content derived from bestonlinelingerie.com to either a
foreign national or a foreign destination in violation of such laws.
f. LINKS
Kimberly is not responsible for the availability of external sites or resources linked to this site, and
does not endorse and is not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. Kimberly shall not be responsible or liable,
directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods, or services available on or through any such site or
resource.
g. IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text, Kimberly has a no-tolerance
policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of
trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings
from search engines is unfair competition. Linking to any bestonlinelingerie.com web page is prohibited
absent express written permission from Kimberly. Framing the bestonlinelingerie.com web site with
links, advertisements and/or other information not originating from the bestonlinelingerie.com web site
is expressly prohibited.
IV. ONLINE CONDUCT
User agrees to use bestonlinelingerie.com only for lawful purposes. User is prohibited from posting on
or transmitting through bestonlinelingerie.com any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law.
If Kimberly is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content
provided by User, Kimberly may investigate the allegation and determine in its sole discretion whether
to remove or request the removal of such Content from bestonlinelingerie.com. Kimberly may disclose any
Content or electronic communication of any kind
i. to satisfy any law, regulation, or government request;
ii. if such disclosure is necessary or appropriate to operate bestonlinelingerie.com; or
iii. to protect the rights or property of Kimberly or bestonlinelingerie.com Users or Providers.
Kimberly reserves the right to prohibit conduct, communication, or Content that it deems in its sole
discretion to be harmful to individual Users, bestonlinelingerie.com, the communities that make up
bestonlinelingerie.com, or any rights of Kimberly or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither Kimberly nor bestonlinelingerie.com Providers can ensure prompt
removal of questionable Content after online posting. Accordingly, neither Kimberly nor its affiliates,
nor any of their respective officers, directors, employees, or agents, nor bestonlinelingerie.com
Providers shall assume liability for any action or inaction with respect to conduct, communication, or
Content on bestonlinelingerie.com.
V. PRIVACY POLICY
In accordance with the terms of bestonlinelingerie.com’s Privacy Policy, Kimberly respects the privacy
of its Users.
VI. TERMINATION OF USAGE
Kimberly may terminate or suspend any User’s access to all or part of bestonlinelingerie.com, without
notice, for any conduct that Kimberly, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another User, a third-party Provider, a service
provider, or bestonlinelingerie.com.
VII. USAGE BY MINORS
Kimberly cannot prohibit minors from visiting this site. bestonlinelingerie.com must rely on parents,
guardians and those responsible for supervising minors to decide which materials are appropriate for
such children to view. Kimberly requires that all purchases be made by an adult. EACH TIME YOU
PURCHASE A PRODUCT AT BESTONLINELINGERIE.COM, YOU ARE REPRESENTING TO BESTONLINELINGERIE.COM THAT YOU
ARE AN ADULT.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of
these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such
provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction.
IX. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between
you and Kimberly regarding your relationship with bestonlinelingerie.com and supersedes any prior
statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the
bestonlinelingerie.com web site. Kimberly may terminate, change, suspend or discontinue any aspect of
this web site, including the availability of any features of the web site, at any time and without
notice. Kimberly also reserves the right, at its sole discretion, to change, modify, add or remove any
portion of these terms in whole or in part, at any time and without notice. Kimberly may terminate the
authorization, rights and license given above at any time and without notice. Your continued use of
this web site after any changes to these terms are posted will be considered acceptance of those
changes.
Last Updated (Friday, 09 April 2010 14:08)
