TERMS OF USE
We welcome you to the Oakley website and thank you for visiting. We ask that you review the following basic terms that govern the use of the site and the purchasing of products from our site. By using Oakley’s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
CONTENT
All of the content on Oakley’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by Oakley, Inc. and its subsidiaries and affiliates (“Oakley”).
The contents of Oakley’s site is intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent. This includes using Oakley trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. Oakley retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site. You should be aware that Oakley’s tenacious lawyers will aggressively enforce all these intellectual property rights in the content.
LINKING
Links may be established on Oakley’s website to those owned by third parties. Oakley does not control any such third party websites and is not responsible for any damages you may suffer from using such third party sites. Linking to Oakley’s website is prohibited without Oakley’s prior written consent.
REVISIONS
Oakley may, from time to time, make revisions to its website, and reserves the right to do so without recourse from any user.
FEEDBACK
Any comments or feedback submitted by users of the website shall be and remain the property of Oakley. Oakley is under no obligation to pay for or respond to any such comments or feedback provided by users.
MATTER YOU MAY SUBMIT TO THE COMPANY
From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.
The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
DISCLAIMER
This site, its content, and any associated services are provided by oakley, inc. (“oakley”) on an “as is” and “as available” basis. Oakley makes no representations or warranties of any kind, express or implied, as to the operation of this site, to the information, content, materials or products included on this site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, oakley disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, oakley makes no representations or warranties that this site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. Oakley is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.
By using the oakley site, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through this site, and any associated services is solely at your own risk. Oakley does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of oakley are free of viruses, worms or other harmful components. Further, oakley does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and oakley, or between you and any other user of the site, will be secure from access or interference by third parties.
Oakley will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if oakley has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, oakley will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of this site, or from your downloading of any materials from this site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on oakley’s computers and/or servers. In no event shall the aggregate liability of oakley, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of this site exceed the lesser of $5, or the total amount you paid to oakley.
Certain state or local laws 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 limitation may not apply to you, and you may have additional rights.
CONTROLLING LAW
This site is controlled and operated by Oakley since its interplanetary headquarters in Foothill Ranch, California. These terms of use shall be construed in accordance with the laws of the state of California without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of any state or Federal Court located in Orange County, California.