These general terms and conditions (“Terms and Conditions”) apply to:
any information, images, documents or other services on the online store located at https://showoffyoursuperpowers.com and any successor website (the “Website”); and
Purchase of branded products represented by us on the Website.
Please read these Terms of Use carefully before using this website. Your use of this website indicates your acceptance of these terms and conditions, as they may be revised from time to time. Each time you use this website, the most current version of these Terms of Use will apply. You should check the date of the Terms of Use (shown above) and review any changes that have been made since your last visit to this website.
If you do not accept these terms and conditions, you should stop accessing or using the website.
You represent that: (i) you are of legal age or capacity to legally agree to these Terms and Conditions; (ii) you will comply with these Terms and Conditions; and (iii) you will use this Website in accordance with applicable law. By accessing this Website, you acknowledge that certain content may not be suitable for persons under the age of 18.
Product Descriptions
All product and service descriptions, images, references, features, content, specifications, products, and prices described or depicted on this Website are subject to change without notice. The inclusion of any product or service on this Website at a particular time does not imply or warrant that such product or service will be available at any time. By purchasing a product or service offered by us on this Website (a “Transaction”), you represent that the products you order as part of the applicable transaction will be used in accordance with all applicable laws. We reserve the right to limit the available quantity of or discontinue the provision of any product or service, with or without prior notice; to prohibit any user from conducting any or all Transactions; and/or to refuse to provide any product or service to any user.
Availability
We are not liable for any damages resulting from the use of or the inability to use this website, including damages caused by malware, viruses or any errors or incompleteness in such information or this website, unless such damages are caused by our willful misconduct.
Disclaimer of liability for external links
If this website contains links to other websites on the Internet, we hereby expressly disclaim that it has no influence on the layout or content of the linked pages. We do not endorse, guarantee or make any representations or warranties about any other websites, any content, materials or other information located or accessible from such websites, or the results that may be obtained from your use of such websites. If you decide to access any other website linked to this website, you do so entirely at your own risk. You should carefully read the policies and terms and conditions associated with any linked website before using, submitting information to such websites and allowing children to access such websites.
Our Privacy, Security and Cookie Policy (“Privacy Policy”) does not apply to the collection and processing of any of your personal data on or through these external websites.
Trademarks
All brand names, logos, product names and titles used on this website are third-party trademarks or trade names of the respective business owners for whom we are authorized agents. You may not use or copy any such trademarks, logos or trade names as this may constitute an infringement of the rights of the owner.
Ownership of Design, Images and Content
All website design, text, files, movies, music and/or other services and their selection and arrangement, and all software compilations, underlying source code, software and all other materials on this website (collectively, the “Content”), including all copyrights, trademarks, patents or other intellectual property rights therein, are owned by us and/or its suppliers or subcontractors.
Restricted Use
You may electronically copy and print portions of the content of this website only to the extent necessary to place an order with us, use this website as a shopping resource or for other personal and non-commercial use. You may not use the information and materials on this website for any other purpose, including reproduction, modification, distribution or republication for purposes other than those stated above. If you wish to use the materials or information on this website for any other purpose, you will need to obtain our prior written approval.
Privacy, Security and Cookie Policy
We collect and process personal data from website visitors. All personal data is processed in accordance with legal requirements and our privacy policy.
Information You Provide/Submit
Except for information referenced in our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content you transmit or post to the Site in any form and by any means (“User Submissions”) (i) will be treated as non-confidential, non-personal and non-proprietary information of you or any other person, and (ii) may be disseminated or used by us or its parent or affiliates for any purpose without (a) compensation to you or any other person, or (b) acknowledgment of you or any other person as the source of such User Submissions. You hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, transferable and sublicensable license to reproduce, disclose, transmit, modify, create derivative works from, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use your User Submissions (if any) in any manner, for any or all purposes, whether or not attributed to you or any other party (“User Submissions License”). We may (but have no obligation to) monitor or review any User Submissions. We have no obligation to use, return, review or respond to any User Submissions. We assume no responsibility for your reliance on information or materials provided by Site visitors. The opinions expressed by Site visitors reflect solely the opinions of the individuals submitting them and not ours. We reserve the right (but have no obligation) to remove any or all User Submissions that include any material that we deem inappropriate or unacceptable. If you choose to make any personally identifiable or other information about you publicly available on the Site, you do so at your own risk.
By submitting User Submissions, you represent and warrant that: (i) you own all right, title and interest in and to the User Communications or you have the necessary approvals and permissions to grant the license to the User Submissions set forth above; (ii) the User Submissions and our exercise of the rights granted in connection with such User Submissions under the license to User Submissions do not violate applicable law or the intellectual property or other rights of others, including, without limitation, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others; and (iii) your User Submissions do not contain and shall not contain software viruses, spiders, spy robots, commercial solicitation, chain letters, mass mailings, any form of spam or anything else prohibited by these Terms and Conditions.
We do not guarantee that User Submissions will not be lost or damaged, or that you will be able to retrieve User Submissions.
Prohibited Conduct:
When visiting the Site and participating in, accessing and using the Features, you must act in a courteous, polite and respectful manner, comply with all applicable laws, rules and regulations, and provide truthful and non-misleading information. For example, you may not: solicit or otherwise attempt to collect, harvest or store personal information, passwords, account information or any other information about other users; access or use the accounts of others; disguise the origin of user submissions; alter, modify, frame or “mirror” any content; create deep links to our Site that bypass our Site’s home page; use any data mining, robots or similar data gathering and extraction tools on the Site; inhibit, disrupt or otherwise prevent anyone from using or accessing the Site or disrupt any user’s experience on the Site, including, without limitation, disrupting real-time user communications in any manner; interfere with or disrupt the Site, the Site’s servers or networks connected to it, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).
Prohibited Submissions
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
Remedies
In addition to any remedies we may have at law, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to correct or prevent the violation, including without limitation, the immediate removal of the relevant material from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Eligibility
You may order as a registered user or as a guest. You will need an email address to place an order, and you may need to set your browser to accept cookies and pop-ups in order to be able to use all features of the Site, including adding products to your shopping cart and submitting orders.
Create an Account
To the extent permitted by applicable law, users of all ages are welcome to browse the Site, however, only those who are 18 years of age or older may create an account. In order to purchase products/services from the Site and to access/use certain features of the Site, you may be required to establish and use an account. In addition to your name and contact information, you may also be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account, you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when registering for an account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and your computer. You are responsible for all activities that occur under your account or password. Please ensure you have read and understood the terms of our Privacy Policy before providing us with any personal information.
Offer to Purchase
The products offered on the Website represent an offer to purchase products from Calvin Klein based on the data provided on the Website.
Currency
All prices are stated and charged in US dollars.
Territory
The orders and delivery services on the Website are only available in a specific territory (the United States). If we are unable to execute an order, we will inform you as soon as possible.
The products on the website are in stock and ready to ship at any time. When we are unable to ship an item that has been ordered, we may cancel that part of your order and refund you or not charge you for it. We strive to keep stock levels as accurate as possible. Occasionally, errors may occur. If the product you are looking for is sold out, you may wish to contact us via our emails, or as our stock is regularly replenished, you may return to our online collection at another time.
Please note that we are unable to make or accept any changes (address etc.) once your order has been placed.
You can pay for the products via the payment methods indicated on the checkout page.
In principle, goods are received within 5 to 7 working days of dispatch. Please note that we cannot deliver orders to PO boxes. Dispatch times will vary depending on the selected shipping method and the location’s handling time.
Returns
We do not offer returns or exchanges for items purchased through this website.
Disclaimer
Subject to the “Limitation of Liability” section, and to the maximum extent permitted by applicable law, the Website and any goods or services provided through the Website are provided to you “as is” without warranties of any kind, whether express, implied or statutory. You agree that you must evaluate and bear all risks associated with the use of the Website, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of any materials provided through the Website. To the maximum extent permitted by applicable law, we and our affiliates, suppliers and service providers disclaim all warranties with respect to the Website and any products or services obtained through the Website (including, but not limited to, third-party products and services), including warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
Limitation of Liability
To the maximum extent permitted by applicable law, neither we nor any of our affiliates, suppliers or service providers shall be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, whether based on any contract, negligence, strict liability or other theory, including, but not limited to, damages for loss of profits, loss of use, loss of data, loss of other intangibles, loss of security of information you provide when using the Website, or unauthorized interception of any applicable information by a third party, even if advised of the possibility of such damages or losses in advance. In particular, but without limitation, neither we nor our affiliates, suppliers or service providers will be liable for any damages of any kind arising out of your use of, or inability to use, the Website or from any content posted on the Website by us or any third party. If you are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using the Website. To the maximum extent permitted by applicable law, the maximum liability of us and our affiliates, suppliers or service providers for all damages, losses and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) shall not exceed $1.
Nothing in these Terms and Conditions will limit or exclude any liability we may have that cannot be limited or excluded by applicable law.
Although we endeavor to maintain the integrity and security of the Website and its server, we do not guarantee that the Website will remain secure, complete or correct or that access to the Website will be uninterrupted. The Website may contain inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. In addition, third parties may make unauthorized changes to the Website. If you become aware of any unauthorized third-party changes to the Website, please contact us by email with a description of the material in question and the URL or location of the applicable material on the Website.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE ABOVE TERMS MAY NOT APPLY TO YOU.
Termination
We reserve the right to suspend or terminate your account (and delete the profile and any accompanying content corresponding to such account) or your use of the Website at any time, for any reason or no reason. We reserve the right to change, suspend or discontinue all or any aspect of the Website, or the products and services offered on or through the Website, at any time, without notice. Any orders placed by you or charges incurred by you or paid through your account prior to termination are your sole responsibility. We shall not be liable to you or any third party for any of the foregoing.
Any portion of these Terms and Conditions that must survive termination in order to give effect to its intent and meaning shall survive termination of these Terms and Conditions.
Contact Information
If you have any questions about these Terms and Conditions or the Website, please contact us directly by sending an email
Changes to these Terms and Conditions
If we decide to change these Terms and Conditions, we will post the changed Terms and Conditions on the Website. You are advised to check them regularly for changes.
Independent Contractors
These Terms and Conditions do not and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
Assignment
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our prior express written consent.
Force Majeure
We will not be liable for any failure to perform any of our obligations under these Terms and Conditions due to causes beyond our control.
Entire Agreement
These Terms and Conditions and all policies referenced herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any and all prior or contemporaneous agreements or understandings, whether written or oral, between you and us relating to the subject matter hereof.
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