TERMS OF USE

These Terms of Use govern your use of the website located at www.hoverkicks.com (the “Site”) and any other website, microsite, mobile device application, Internet property or related service owned, or operated by us.  We refer to the Site and these other properties collectively as the "Properties.” The Properties are made available to you by Maxima E-Commerce Holdings LLC, 463 Seventh Avenue, New York, New York 10018, (collectively, "we" or "us").

BY USING THE PROPERTIES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Properties.

RIGHTS IN MATERIALS

As between you and us, we owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties.  This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.

The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.

Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.  We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the "TRADEMARKS") displayed on the Properties are registered and unregistered Trademarks of ours (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits us or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission.

We will enforce our Trademark rights to the fullest extent of the law, including by seeking of criminal prosecution.

USER INFORMATION

When you use the Properties, you may be asked to provide certain personal information to us ("USER INFORMATION"). OUR INFORMATION COLLECTION AND USE POLICIES WITH RESPECT SUCH USER INFORMATION ARE SET FORTH IN OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE. 

You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date.

USE OF THE PROPERTIES

You are responsible for your use of the Properties and for any use of Properties made using your account.

Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.   When you use the Properties, you may not:

violate any law or regulation; violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights; transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate; make statements or post materials that are false or misleading; send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious or unsolicited software; stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; use any means to "scrape," "crawl," or "spider" any web pages contained in Properties (although we may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases); use automated methods to send more requests to us servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or interfere with or disrupt the Properties.

TERMINATION

We may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Properties automatically terminates.

CHANGES TO TERMS OF USE

We may, at our sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Properties. Your continued use of the Properties and/or the services offered on or through the Properties after any changes to these Terms of Use are posted will be considered acceptance of those changes.


MISCELLANEOUS

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions.

You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. No disputes may be brought against us on a class or representative basis.  YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE SERVICE PROVIDER TERMS MUST BE ASSERTED INDIVIDUALLY.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

Effective Date: January 1, 2016

We reserve the right to refuse service and/or terminate access to the Properties without prior notice for any user who violates these policies.

USER GENERATED CONTENT

As between you and us, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "USER CONTENT"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.

UTILIZING USER CONTENT

You grant us and our affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes.  We may exercise these rights without notice to you and without paying any compensation to you.  We may modify your User Content in our discretion.  We are not required to host, display, or distribute your User Content and we may remove or edit it at any time.

USER PROMISES

You promise that: (a) you own or have acquired all of the rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Content) necessary for you to grant to us the usage rights in your User Content as described in these Terms of Use; (b) you have paid and will pay in full any financial obligations, of any kind, arising from any use of your User Content; (c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to us described in these Terms of Use; (d) you will make such permissions available to us upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your User Content complies with these Terms of Use.

You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to us upon our request.

FEEDBACK

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("FEEDBACK"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you.  All Feedback is and will be considered non-confidential and non-proprietary.

MONITORING AND MANAGING USER CONTENT

We may, but are not required to, monitor and review your User Content.

We do not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it.   We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect our views.

You understand that by using the Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you.  We will not be liable to you in any way for any User Content, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.

DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others. Upon proper notice, we will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Properties;

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

(d) 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;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.

Please send all of the information listed above to the following copyright agent:

Thomas J. McNiff

General Counsel

Maxima E-Commerce Holdings LLC

463 Seventh Avenue

New York, NY 10018

E-mail: tmcniff@maximaapparel.com

 Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

INDEMNIFICATION

You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses, including reasonable legal fees costs, arising from your use of the Properties or your breach or violation of law or these Terms of Use.

 We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

ORDERS FOR PRODUCTS AND SERVICES

We may make certain products available for sale to visitors and registrants of the Properties.

You may only order products if you are 18 years old or older.  If you place an order, you promise that you are 18 years old or older. 

You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

You agree that you are not permitted to resell any products purchased through or via any of the Properties for commercial purposes.

PRODUCT INFORMATION

We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

RETURNS OF PRODUCTS

You may cancel your order and/or return the products you purchased from the Site in accordance with our Returns/Exchanges policy, which is incorporated herein by reference for all purposes. A copy of our Returns/Exchanges policy is available on the Site.

LINKING; THIRD PARTY WEBSITES

If you include a link from any other website to the Site or to any of the Properties, such link shall open in a new browser window. You agree not to link from any other website to www.dkny.com or to any of the Properties in any way that "frames" any of our content or that surrounds or obscures any portion of the Properties with any other content, materials or branding. We may revoke your right to link to the Properties from your website at any time upon written notice to you.

You may be able to access or use the Properties from a third-party website, Internet resource, or software application ("LINKED SITES"). YOU MAY ALSO BE ABLE ACCESS AND USE A LINKED SITE FROM A LINK AVAILABLE ON THE PROPERTIES. WE HAVE NO RESPONSIBILITY FOR LINKED SITES. THE INCLUSION OF ANY LINK TO SUCH LINKED SITES ON ANY OF THE PROPERTIES DOES NOT IMPLY OUR ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION OF THAT SITE OR OF ANY PRODUCT OR SERVICE OFFERED BY THAT SITE.  WE DO NOT PROMISE THAT THE CONTENTS OF ANY LINKED SITE ARE ACCURATE, COMPLIANT WITH LOCAL, STATE OR FEDERAL LAW, INCLUDING ANY INTELLECTUAL PROPERTY LAWS.  YOUR USE OF ANY LINKED SITE IS AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITIES AND CONSEQUENCES RESULTING FROM SUCH RELIANCE.

DISCLAIMER

THE PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING:  INFORMATION AND CONTENT AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS.  WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES.

THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER WE NOR OUR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE PROPERTIES EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE PROPERTIES OR PURCHASE OF PRODUCTS VIA THE PROPERTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

APPLICABLE LAWS

We and our service providers control and operate the Properties from the United States of America. We do not represent that materials on the Properties are appropriate or available for use in locations outside of the United States of America. Persons who choose to access the Properties from locations outside of the United States of America do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.