Changes to Terms.
Please read these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
. Everything you see, hear or receive from or on the Site ("Content") is copyright, trademark, trade dress or other intellectual property owned by Pendleton or its licensors, unless otherwise noted. Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in the Terms transfers to you any right, title or interest in any Content. Pendleton may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.
Comments and Submissions.
User comments and submissions do not reflect the views of Pendleton. Pendleton takes no responsibility and assumes no liability for any comments, submissions, or other contributions posted, stored, or uploaded by you or any other user, or for any loss or damage thereto or related thereto. In addition, although Pendleton has no obligation to monitor or screen user comments, submissions, or other contributions to the Site, Pendleton may edit or remove any comments, submissions, or other contributions to the Site at any time and for any reason without notice.
Terms for Use of Your Social Media Images and Stories.
. These Terms apply to Pendleton’s use of your images, and may apply to your brief story, posted to your social media account(s) and any username or handle associated with that account or those accounts, as well as any images you upload directly to the Site (together, your “Photos/Story”). By responding to Pendleton’s request to use your Photos/Story with hashtag “#pendletonyes” or by directly uploading your Photos/Story, you agree to these Terms with respect to the Photo(s)/Story for which Pendleton has requested consent to use or the Photo(s)/Story directly uploaded. You hereby grant to Pendleton a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free right and license to use, display, reproduce, publish, distribute, sublicense, edit, modify, translate, duplicate, and/or create derivative works from and commercialize your Photos/Story on the Site, Pendleton’s social media channels, Pendleton’s marketing and promotional materials, or in any other media without compensation or attribution to you, including but not limited to catalogs, emails and other customer communications, store materials, on-line, and on social media. We may display advertisements in connection with your Photos/Story or on pages where your Photos/Story may be viewed by you or others. You waive any rights of publicity which you may have in any and all names, identities, likenesses, images, names, titles, biographical data, or any other personal attributes included in the Photos/Story and grant to Pendleton the right to use the same for purposes of advertising in any format, medium, or technology now known or later developed without further approval, compensation, or notice, unless prohibited by law. You irrevocably waive any moral rights or other rights with respect to attribution or integrity of all or any portion of the Photos/Story to the extent allowed by law. You agree not to bring any legal action arising out of Pendleton’s use of the Photos/Story based on any moral rights or other rights that you cannot waive.
You represent and warrant that (i) each Photo/Story is your original work and that you own all right, title, and interest in the Photo/Story; (ii) you have all necessary rights and authorizations to allow Pendleton to use the Photos/Story as described in these Terms; (iii) your agents, representatives, photographers, and all other individuals providing services in connection with the creation of the Photos/Story have executed appropriate documentation in your favor that allow you to legally license the Photos/Story as contemplated herein; (iv) you have the express consent of any identifiable people in the Photos/Story to their likeness being used as described in these Terms including Pendleton’s right to use the Photos/Story for future commercial purpose without restriction; (v) you are the parent or guardian of any minors identifiable in your Photos/Story, or that you have secured a waiver and release from the parent or guardian of any minors identifiable in your Photos/Story; (vi) your Photos/Story do not contain any third-party trademarks nor reference the names, products, or services of any company or entity; and (vii) your Photos/Story do not infringe upon the trademarks, copyrights, rights of privacy, publicity, or other intellectual property rights of any third party.
You hereby release, discharge and hold harmless Pendleton from any and all losses and damages of any kind including third-party claims resulting, in whole or in part, directly or indirectly, from your breach of any of these Terms including the representations and warranties listed above.
Use of the Site.
. You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else's rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that (a) contain a software virus or other harmful component, (b) contain advertising or commercial material, or (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. You are solely responsible for the content of any material you publish on the Site. Pendleton is not responsible or liable for the conduct of any Site user, or for materials published to the Site by any Site user other than Pendleton.
You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with the Site or any other user's use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site; (c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or (e) insert any code or product or manipulate the Content in any way that affects any user's experience of the Site.
. Prices are valid only in the United States. Prices are subject to change without notice. We try to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your display will be accurate. We do not warrant the currency, accuracy or reliability of any Site information, including information about product price or availability.
Links to Other Sites.
. The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Links from the Site do not constitute Pendleton's endorsement of any third party, its website, or its goods or services. Pendleton is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.
Links to the Site.
. You may not create hyperlinks to the Site that portray Pendleton in a false or misleading light. You may not use any "framing" or similar techniques to enclose any portion of the Site. You may link only to the front page of the Site, and not to any other pages.
. If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, PENDLETON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. PENDLETON PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS." PENDLETON DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
PENDLETON SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF PENDLETON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This provision is unenforceable and/or inapplicable within the State of New Jersey.
Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. Pendleton does not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements.
. You agree to defend, indemnify and hold harmless Pendleton and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of any of the Terms. This provision is unenforceable and/or inapplicable within the State of New Jersey. This provision may likewise be unenforceable and/or inapplicable within other states.
Copyright and Intellectual Property Infringement Complaints.
. Allegedly infringing materials on the Site may be removed or suspended in our discretion or as defined by law. Repeated infringement by a user of the Site may result in a termination of that user’s access to and use of the Site.
Notification to Pendleton.
If you believe that anything posted on the Site infringes any copyright that you own or control, please provide Pendleton’s Copyright Agent with the following written information as required under the Digital Millennium Copyright Act (“DMCA”):
Name, address, telephone number, email address, and physical or electronic signature of the copyright owner, or someone authorized to act on the copyright owner’s behalf;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, with enough detail that Pendleton may find it;
A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pendleton’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows: [email protected]
Pendleton displays this Site and the Content solely to market and promote Pendleton's products and services in the United States. The Terms shall be construed according to Oregon law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, or products or services purchased using the Site, shall be resolved exclusively by the state and federal courts of the State of Oregon. By using the Site, you consent to the jurisdiction and venue of Oregon courts with respect to any such dispute.
If any provision of the Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the rest of the Terms shall remain in full force and effect.
The Terms are the entire agreement between you and Pendleton relating to the Site. These Terms supersede and cancel any prior written or oral agreement between you and Pendleton relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved.
Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. Your obligations to Pendleton shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.