ABERCROMBIE & FITCH US
Updated: September 2014
Welcome to this Abercrombie & Fitch website - www.Abercrombie.com, microsite, or mobile site (this "Website"). Please review the following terms and conditions ("Terms and Conditions") before using this Website/App. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website/App.
Your Use Generally
Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, Abercrombie & Fitch reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website/App and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, "Content" ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by Abercrombie & Fitch under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App, any of the Contents, or any related software; and (b) you may not access or use the Website/App for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. Abercrombie & Fitch may revoke this limited license at any time for any or no reason. Any unauthorized use of Abercrombie and Fitch Content, such as framing, inline linking or other association with content or information not originating from the Abercrombie & Fitch Website/App is not permitted. Linking to any Abercrombie & Fitch web page also is prohibited. Abercrombie & Fitch will aggressively enforce its intellectual property rights to the fullest extent of the law.
At Abercrombie & Fitch, we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the 'Trademarks and Trade Dress'). Abercrombie & Fitch and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website/App. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited.
One or more patents may apply to this Website/App, including without limitation U.S. Patent Nos. 5,528,490; 5,761,649; 5,930,474; and 6,029,142.
All features, specifications, products and prices of products and services described on this Website/App are subject to change at any time without notice. From time to time there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website/App. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer (see, our Sale Terms). We have made every effort to display as accurately as possible the colors of our products that appear on the Website/App; however, the actual color you will see will depend on your device, and we cannot guarantee that your devicewill accurately display our colors. The inclusion of any products or services on this Website/App does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Comments and other Communications
You may choose to establish an account or become a member in The A&F Club program through our Website/App (collectively 'Membership'). If you do, you will have access to your Membership by providing a phone number, email address, and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Membership and your device. You agree to accept responsibility for all activities that occur under your Membership. We may terminate your Membership at any time, for any reason or no reason and without prior notice to you.
Links may be established from this Website/App to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to the Website/App. None of such links should be deemed to imply that Abercrombie & Fitch endorses the Third Party Sites or any content therein. Abercrombie & Fitch does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Abercrombie & Fitch will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
This Website/App and all Content of the Website/App are provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. You acknowledge, by your use of the Website/App, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL ABERCROMBIE & FITCH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE/APP OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ABERCROMBIE & FITCH IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
No implication is made that the materials published on this Website/App are appropriate for use outside of the United States. If you access this Website/App from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Abercrombie & Fitch controls this Website/App from its offices within the State of Ohio. The Terms and Conditions of this Website/App shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.