TERMS OF USE
Welcome to Pokadotsuits.com ("Site"). Please review the following rules that govern the access and use by any person (“You” or “Your”) of our Site (the
"Agreement"). Please note that Your use of our Site constitutes your agreement to follow and be bound by this Agreement.
1. GENERAL
We may from time to time change the rules that govern Your use of our Site. Your use of our Site following any such change constitutes your agreement to follow
and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
2. SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this
Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Poka Dot Suits
Bikini Company. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Poka Dot
Suits. Poka Dot Suits Logos or tradmarks appearing at this Site are trademarks of Poka Dot Suits.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the
Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is
transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Violation of this policy may result in infringement of intellectual property and contractual rights of Poka Dot Suits and/or third parties, which is prohibited by law and
could result in both civil and criminal penalties. Information and materials posted by Poka Dot Suits are provided for general reference only and are not warranted
to be free of errors, other deficiencies or potential interruptions. Poka Dot Suits gives no assurance whatsoever regarding such information and materials.
3. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
A. Submission of Comments and Feedback: All comments, feedback, postcards, pictures, images suggestions, ideas, and other submissions disclosed, submitted
or offered to Poka Dot Suits on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Material") shall be
and remain Poka Dot Suits’s property. Such disclosure, submission or offer of any Material shall constitute an assignment to Poka Dot Suits of all worldwide
rights, titles and interests in all copyrights and other intellectual properties in the Material. Thus, Poka Dot Suits will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or otherwise, of any Material. Poka Dot Suits is and shall be under no obligation (1) to maintain
any Material in confidence; (2) to pay to user any compensation for any Material; or (3) to respond to any user Material submission.
You agree that no Material submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Material submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Material you submit. You further agree that will enter into any formal written documentation if
required by Poka Dot Suits to formalize Your assignment of all rights in the Material to Poka Dot Suits.
Upon submission of any Material to Poka Dot Suits, you are claiming to be the rightful and lawful owner of that Material, with all accompanying rights to sell or
distribute that image/s, including the right to transfer all rights and title to the copyright to another person/s. You are, and shall remain solely responsible for any
Material submitted, and if you are deemed not to be the original owner of the submission, you may be liable for all legal claims and damages with respect thereto.
Upon submission of any Material to Poka Dot Suits, you agree that the Material (a) is original and will not infringe or breach any law or any person's right under any
law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);(b) is not defamatory, obscene,
threatening, pornographic, or offensive; (c) is non-confidential; (d) is free from encumbrances and You have full and unfettered power to assign all rights and
interest in the Material to Poka Dot Suits, free from any claim by any person;(e) does not violate any applicable law, including communications that would give rise
to criminal or civil liability; (f) does not advocate any illegal activity; (g) has not been impaired or limited in anyway, including any act or omission by You; (h) does
not infringe the intellectual property rights of any third party; (i) does not violate or infringe the rights of any person or entity, including a person's right of privacy; (j)
and does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.
By submitting any Material to Poka Dot Suits, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic
Transactions Act 1999) authorizing the assignment of all rights, title and interest in all such Material to Poka Dot Suits, its assigns and licensees, to use,
reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the
world in perpetuity.
You agree that Poka Dot Suits may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
4. PRODUCT INFORMATION & COLORS
The prices displayed at the Site are quoted in U.S. Dollars. We have made every effort to display as accurately as possible the colors of our products that appear at
the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
5. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Poka Dot Suits does not control. Any concerns
regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
6. MONITORING OF CONTENT
Poka Dot Suits does not monitor or exercise editorial control over any Material submitted to the Site. Nevertheless, Poka Dot Suits reserves the right to monitor
Material submitted to the Site, and to remove or edit any Material that it finds, in its sole discretion, to be contrary to this Terms of Use.
7. DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS
ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT POKA DOT
SUITS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY
OR ERROR SHALL BE TO REQUEST THAT MALIBU STRINGS CORRECT THE MATTER OR, IF POKA DOT SUITS FAILS TO DO SO, TO DISCONTINUE USE OF THE
SERVICE AT YOUR OPTION.
8. INDEMNIFICATION
You agree to defend, indemnify and hold Poka Dot Suits harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
9. INTELLECTUAL PROPERTY
All of the pictures appearing in the Poka Dot Suits website are the property of Poka Dot Suits and may not be used without Poka Dot Suits’s written permission. The
mark " Poka Dot Suits " and other identified trademarks are trademarks of Poka Dot Suits and may not be used without our permission.
10. JURISDICTION
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Poka Dot Suits;s products and services available
in the United States and select foreign markets. This Site is controlled and operated by Poka Dot Suits from its offices in San Diego, California. This Agreement
shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement
shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California.
11. WAIVER
No failure or delay of either party to exercise rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of
any rights or remedies preclude any further or other exercise of the same or any other rights or remedies.
12. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of this Agreement and
the application of such provisions in any other circumstances, and in any other jurisdiction, shall not be affected thereby.
Welcome to Pokadotsuits.com ("Site"). Please review the following rules that govern the access and use by any person (“You” or “Your”) of our Site (the
"Agreement"). Please note that Your use of our Site constitutes your agreement to follow and be bound by this Agreement.
1. GENERAL
We may from time to time change the rules that govern Your use of our Site. Your use of our Site following any such change constitutes your agreement to follow
and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
2. SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this
Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Poka Dot Suits
Bikini Company. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Poka Dot
Suits. Poka Dot Suits Logos or tradmarks appearing at this Site are trademarks of Poka Dot Suits.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the
Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is
transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Violation of this policy may result in infringement of intellectual property and contractual rights of Poka Dot Suits and/or third parties, which is prohibited by law and
could result in both civil and criminal penalties. Information and materials posted by Poka Dot Suits are provided for general reference only and are not warranted
to be free of errors, other deficiencies or potential interruptions. Poka Dot Suits gives no assurance whatsoever regarding such information and materials.
3. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
A. Submission of Comments and Feedback: All comments, feedback, postcards, pictures, images suggestions, ideas, and other submissions disclosed, submitted
or offered to Poka Dot Suits on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Material") shall be
and remain Poka Dot Suits’s property. Such disclosure, submission or offer of any Material shall constitute an assignment to Poka Dot Suits of all worldwide
rights, titles and interests in all copyrights and other intellectual properties in the Material. Thus, Poka Dot Suits will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or otherwise, of any Material. Poka Dot Suits is and shall be under no obligation (1) to maintain
any Material in confidence; (2) to pay to user any compensation for any Material; or (3) to respond to any user Material submission.
You agree that no Material submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Material submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Material you submit. You further agree that will enter into any formal written documentation if
required by Poka Dot Suits to formalize Your assignment of all rights in the Material to Poka Dot Suits.
Upon submission of any Material to Poka Dot Suits, you are claiming to be the rightful and lawful owner of that Material, with all accompanying rights to sell or
distribute that image/s, including the right to transfer all rights and title to the copyright to another person/s. You are, and shall remain solely responsible for any
Material submitted, and if you are deemed not to be the original owner of the submission, you may be liable for all legal claims and damages with respect thereto.
Upon submission of any Material to Poka Dot Suits, you agree that the Material (a) is original and will not infringe or breach any law or any person's right under any
law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);(b) is not defamatory, obscene,
threatening, pornographic, or offensive; (c) is non-confidential; (d) is free from encumbrances and You have full and unfettered power to assign all rights and
interest in the Material to Poka Dot Suits, free from any claim by any person;(e) does not violate any applicable law, including communications that would give rise
to criminal or civil liability; (f) does not advocate any illegal activity; (g) has not been impaired or limited in anyway, including any act or omission by You; (h) does
not infringe the intellectual property rights of any third party; (i) does not violate or infringe the rights of any person or entity, including a person's right of privacy; (j)
and does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.
By submitting any Material to Poka Dot Suits, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic
Transactions Act 1999) authorizing the assignment of all rights, title and interest in all such Material to Poka Dot Suits, its assigns and licensees, to use,
reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the
world in perpetuity.
You agree that Poka Dot Suits may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
4. PRODUCT INFORMATION & COLORS
The prices displayed at the Site are quoted in U.S. Dollars. We have made every effort to display as accurately as possible the colors of our products that appear at
the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
5. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Poka Dot Suits does not control. Any concerns
regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
6. MONITORING OF CONTENT
Poka Dot Suits does not monitor or exercise editorial control over any Material submitted to the Site. Nevertheless, Poka Dot Suits reserves the right to monitor
Material submitted to the Site, and to remove or edit any Material that it finds, in its sole discretion, to be contrary to this Terms of Use.
7. DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS
ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT POKA DOT
SUITS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY
OR ERROR SHALL BE TO REQUEST THAT MALIBU STRINGS CORRECT THE MATTER OR, IF POKA DOT SUITS FAILS TO DO SO, TO DISCONTINUE USE OF THE
SERVICE AT YOUR OPTION.
8. INDEMNIFICATION
You agree to defend, indemnify and hold Poka Dot Suits harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
9. INTELLECTUAL PROPERTY
All of the pictures appearing in the Poka Dot Suits website are the property of Poka Dot Suits and may not be used without Poka Dot Suits’s written permission. The
mark " Poka Dot Suits " and other identified trademarks are trademarks of Poka Dot Suits and may not be used without our permission.
10. JURISDICTION
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Poka Dot Suits;s products and services available
in the United States and select foreign markets. This Site is controlled and operated by Poka Dot Suits from its offices in San Diego, California. This Agreement
shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement
shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California.
11. WAIVER
No failure or delay of either party to exercise rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of
any rights or remedies preclude any further or other exercise of the same or any other rights or remedies.
12. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of this Agreement and
the application of such provisions in any other circumstances, and in any other jurisdiction, shall not be affected thereby.