Welcome to www.derivativeapparel.com (the, “WEBSITE” OR "SITE"). Derivative Apparel, LLC provides this site as a service to its customers and visitors. Please read and review the following basic rules that govern your use of our site (THE “AGREEMENT”). Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this website.
Derivative Apparel, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the www.derivativeapparel.com website following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
All of the content on the www.derivativeapparel.com website, including but not limited to, all of the page headers, images, audio clips, graphics, video clips, illustrations and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights of licenses held by Derivative Apparel, LLC or by third parties who have licensed their materials to Derivative Apparel, LLC. The entire content of this website is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content. The content of the website are intended solely for the personal, noncommercial use by the users of our site.
It is understoood that, DERIVATIVE® (collectively, the "TRADEMARK" or "MARK"), is a registered trademark being used in business by Derivative Apparel, LLC for the purpose of marketing, sales, and manufacturing for productsand services, including but not limited to, apparel and accessories. No person or business may use the mark for any reason unless agreed to in writing by the owner of the trademark.
It is understood and agreed that all our products, designs, patterns, concepts and ideas, and styles (the "Intellectual Property" or "IP") are owned by Derivative Apparel, LLC, or licensed from their respective owners, and protected by certain intellectual property and copyright laws. Any copy, recreation, duplication, theft, knock-off, or the like, of any IP owned by Derivative Apparel, LLC or its affiliates will be prosecuted to the furthest possible extent.
USER SUBMITTED INFORMATION
All feedback, suggestions, ideas, comments, and any other submissions disclosed, submitted, emailed, or offered to www.derivativeapparel on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the “information”) shall be and remain the property of Derivative Apparel, LLC. Such disclosure, submissions, comments, or offer of any information shall constitute an assignment to Derivative Apparel, LLC of all worldwide rights, titles and interests, and shall not be limited in any way in its use, commercially or otherwise, of any information. Additionally, Derivative Apparel, LLC will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise, of any information. Derivative Apparel, LLC is and shall be under no obligation to maintain any information in confidence, to pay to user any compensation for any information, or to respond to any user provided information. You agree that no information submitted by you to this website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no information submitted by you to the website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any information, comments, posts, emails, or statements you make or choose to submit, including but not limited to, by email, forms, and any social media profiles of Derivative Apparel, LLC connected to this site.
WHOLESALE TRADE SECRETS
We love to have fun and enjoy the company we keep but we take our confidentiality very seriously. It is understood and agreed that the moment you initiate discussions or inquire about wholesaling or doing business with us, we provide you with certain information we consider to be highly confidential (or, "trade secrets"). Trade secrets may include, but are not limited to, price lists, marketing information, new products, and releases. You agree to protect any trade secrets and keep all information strictly confidential. You further agree that we are entitled to any remedy, compensation, or punative damages that may result of your breach of confidentiality or leak of our trade secrets of any kind. You agree to these and all of our terms & conditions.
You agree that Derivative Apparel, LLC may send occasional emails to you for the purpose of advising you about changes or additions to this site, about any of Derivative® products or services, events, or for such other purpose(s) as deemed appropriate from account information.
DISPLAY AND COLORS
We have done our best to display as accurately as possible the colors of the products shown on the www.derivativeapparel.com website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. You may not upload to, distribute, or otherwise publish through this site any content which is defamatory, obscene, threatening, libelous, invasive of privacy or publicity rights, illegal, abusive, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You agree to indemnify, defend, and hold harmless Derivative Apparel, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account.
www.derivativeapparel.com collects customer information in an effort to improve our customer’s experience and to communicate with our customers about our products, services, events and promotions. We collect information such as your name, e-mail and/or postal address, and credit card information (only applicable if online shopping is available at www.derivativeapparel.com), that you provide to us when you place an order, when you save your information with us or when you participate in a sweepstakes, promotions or survey, or other areas that may request information. We may also collect e-mail addresses at various locations within the site including when you request information from the site so that we can send you any necessary e-mail messages related to your information request(s). We also monitor site use and traffic patterns to improve our web site design and the products and services we offer. Derivative Apparel, LLC recognizes that it must maintain and use customer information responsibly. We will not sell or rent your e-mail address for any reason. However, we may share information you provide to us when you participate in a sweepstakes with those companies with whom we have joined to offer these promotions as well as other companies whose promotions we think will interest you. We may disclose information about you to other members of Derivative Apparel, LLC and as required by law. We do not share credit card information with third parties except for the purpose of processing payment for products you’ve ordered (only applicable if online shopping is available at www.derivativeapparel.com) and required by law. In addition, we may disclose credit card and other information we collect from you with an outside company with which we have contracted for their services to protect against fraud and the unauthorized use of credit and gift cards.
THIRD PARTY LINKS
Derivative Apparel, LLC may choose various third-party websites to link to from its own site in attempt to provide increase value to our visitors. Derivative Apparel, LLC may also use third-party websites and applications to create, develop, host, and run www.derivativeapparel.com. However, regardless of affiliated or not, Derivative Apparel, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ours. Derivative Apparel, LLC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk.
This site and the materials and products in this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Derivative Apparel, LLC disclaims warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Derivative Apparel, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Derivative Apparel, LLC does not make any warranties or representations regarding the use of the materials in usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY
Derivative Apparel, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Derivative Apparel, LLC has been advised of the possibility of damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms and conditions are applicable to you upon your accessing the Site or completing the registration. These terms and conditions, or any of them, may be terminated by www.derivativeapparel.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitations of Liability, Indemnification or Miscellaneous, shall survive any termination. ENFORCEMENT OF TERMS AND CONDITIONS By accessing and using the www.derivativeapparel.com website, you agree that your access to and use of the www.derivativeapparel.com website is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California.
If you are under the age of 18, you are not permitted to submit any personal information to www.derivativeapparel.com.
If you do not want your name and address shared with other organizations or you no longer wish to receive e-mail from www.derivativeapparel.com, please email at firstname.lastname@example.org to unsubscribe.