Terms Of Use

Your use of the Internet sites of Yellow Door Brand®, including www.yellowdoorbrand.com, www.yellowdoorphoto.com, www.yellowdoorlab.com, www.yellowdoorshoes.com, www.yellowdoorcollection.com (individually and collectively the "Sites") or any of the products or services offered on those sites (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at anytime without notice to you by posting revised Terms on our Site. Your use of outsight constitutes your binding acceptance of these Terms, including any modifications that we make.

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Some of the Services may be subject to additional posted conditions. Forexample, if you are purchasing products from one of our Sites, you will be subjectto our Terms of Service for Purchasers of Products, etc. Similarly, if you areselling your goods through the Site, you will be subject to our Terms ofService for sellers. Your use of those Services is subject to those conditions,which are incorporated into these Terms by reference. In the event of aninconsistency between these Terms and any additional posted conditions, theprovisions of the additional conditions shall control.

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Except to the extent that you may have greater rights in a separate signedor online agreement with us, we have the right, but not the obligation, to takeany of the following actions in our sole discretion at any time and for anyreason without giving you any prior notice:

  • Restrict, suspend, or terminateyour access to all or any part of our Services;
  • Change, suspend, or discontinueall or any part of our Services;
  • Refuse, move, or remove anymaterial that you submit to our Site for any reason;
  • Refuse, move, or remove anycontent that is available on our Site;
  • Deactivate or delete youraccounts and all related information and files in your account;
  • Establish general practices and limits concerning use of our Site.
  • You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You may not be able to opt out of receiving these messages.

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Content on our Site

Our Site include a combination of content that we create and that our users and other customers create. All materials published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our customers or partners. You may not modify, publish, transmit, participate in the transferor sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, except as permitted in a separate signed or online agreement with you.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or other wise make available on our Site ("Your Content"). You certify that you ownall intellectual property rights in Your Content. You hereby grant Yellow Door Brand®, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i)displaying Your Content on our Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our Site contains content that we create as well as content provided by third parties. This content may include, among other things, company information, and product or service information or reviews. It may also include information about products and services offered by parties other than Yellow Door Brand®, such as product/service descriptions, offerings, store locations, coupons, and promotions. We do not guarantee the accuracy, the integrity, the completeness, or the quality of the content on our Site, and you may rely on any of this content only at your own risk. Without limitation, we are not responsible for postings by users in any user opinion, message board, or feedback sections of our Site.

Although we take measures to control the content on our site, you may beexposed to content that you find offensive, indecent, or objectionable or thatis inaccurate, and you bear all risks associated with using that content. Wehave the right, but not the obligation, to remove any content that may, in oursole discretion, violate these Terms or that is otherwise objectionable.

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Third-party sites, products, and Services

Our Site may contain links to other Internet sites owned by thirdparties. Your use of each of those sites is subject to the conditions, if any,that each of those sites has posted. We have no control over sites that are notours, and we are not responsible for any changes to or content on them. Ourinclusion on our Site of any third-party content or a link to a third-partysite is not an endorsement of that content or third party site.

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Yellow Door Brand® Fee-based Services

Some of the Services or photos or other products we offer may requireyou to pay a charge or fee, as described in the specific conditions includedwhere those items are offered. In such a case, you agree to pay all fees andcharges that you incur. Unless otherwise noted, all currency references are inU.S. dollars. We may, upon notice if required by applicable laws, at any timechange the amount of, or basis for determining, any fee or charge, or institutenew fees or charges. All fees and charges are payable in accordance withpayment terms in effect at the time the fee or the charge becomes payable.

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Privacy Policy

All the information that we collect from you, such as registration andcredit card information, is subject to our privacy policy.

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Your Conduct on Our Site

If we request registration information from you, you will provide uswith true, accurate, current, and complete information. You will promptlyupdate your registration to keep it accurate, current, and complete. If weissue you a password, you may not reveal it to anyone else. You may not useanyone else's password. You are responsible for maintaining the confidentialityof your accounts and passwords. You agree to immediately notify us of anyunauthorized use of your passwords or accounts or any other breach of security.You also agree to exit from your accounts at the end of each session. We willnot be responsible for any loss or damage that may result if you fail to complywith these requirements.

The technology and the software underlying our Site and the Services isthe property of Yellow Door Brand®, ouraffiliates, and our partners. You agree not to copy, modify, rent, lease, loan,sell, assign, distribute, reverse engineer, grant a security interest in, orotherwise transfer any right to the technology or software underlying our Siteor the Services. You agree not to modify the software underlying our Site inany manner or form or to use modified versions of such software, including(without limitation) for the purpose of obtaining unauthorized access to ourSite.

Without limiting the foregoing, you agree that you will not use our Siteto take any of the following actions:

  • Defame, abuse, harass, stalk,threaten, or otherwise violate the legal right of others;
  • Publish, post, upload, e-mail,distribute, or disseminate (collectively, "Transmit") anyinappropriate, profane, defamatory, infringing, obscene, indecent, or unlawfulcontent;
  • Transmit files that containviruses, corrupted files, or any other similar software or programs that maydamage or adversely affect the operation of another person's computer, ourSite, any software or hardware, or telecommunications equipment;
  • Advertise or offer to sell anygoods or services for any commercial purpose unless you have our writtenconsent to do so;
  • Transmit surveys, contests,pyramid schemes, spam, unsolicited advertising or promotional materials, orchain letters;
  • Download any file that you knowor reasonably should know cannot be legally obtained in such manner;
  • Falsify or delete any authorattributions, legal or other proper notices or proprietary designations orlabels of the origin or the source of software or other material;
  • Restrict or inhibit any otheruser from using and enjoying any public area within our Site;
  • Collect or store personalinformation about other end users;
  • Interfere with or disrupt ourSite, servers, or networks;
  • Impersonate any person orentity, including, but not limited to, a Yellow Door Brand® representative,or falsely state or otherwise misrepresent your affiliation with a person orentity;
  • Forge headers or manipulateidentifiers or other data in order to disguise the origin of any contenttransmitted through our Site or to manipulate your presence on our Site;
  • Take any action that imposes anunreasonably or disproportionately large load on our infrastructure;
  • Engage in any illegalactivities.

You agree to use any available bulletin board services, chat areas, newsgroups, forums, communities and/or message or communication facilities(collectively, the "Forums") only to send and receive messages andmaterial that are proper and related to that Forum.

If you choose a username that, in our sole discretion, is obscene,indecent, abusive or that might otherwise subject us to public disparagement orscorn, we reserve the right, without prior notice to you, to automaticallychange your username, delete your posts from our Site, deny you access to ourSite, or any combination of these options.

Unauthorized access to our Site is a breach of these Terms and aviolation of the law. You agree not to access our Site by any means other thanthrough the interface that is provided by Yellow Door Brand® for usein accessing our Site. You agree not to use any automated means, including,without limitation, agents, robots, scripts, or spiders, to access, monitor, orcopy any part of our Site, except those automated means that we have approvedin advance and in writing.

Use of our Site is subject to existing laws and legal process. Nothingcontained in these Terms shall limit our right to comply with governmental,court, and law-enforcement requests or requirements relating to your use of ourSite.

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Indemnification

You hereby agree to indemnify, defend and hold Yellow Door Brand® and allof our officers, directors, owners, employees, agents, information providers,affiliates, partners, and licensors (collectively, the " Yellow Door Brand®  Parties") harmless from and against anyand all liability, losses, costs, and expenses (including attorneys' fees)incurred by any Yellow Door Brand® Party inconnection with any claim, including, but not limited to, claims fordefamation, violation of rights of publicity and/or privacy, copyrightinfringement, or trademark infringement arising out of:

  • Your use of our Site;
  • Any use or alleged use of youraccounts or your passwords by any person, whether or not authorized by you;
  • The content, the quality, or theperformance of content that you submit to our Site;
  • Your connection to our Site;
  • Your violation of these Terms;or
  • Your violation of the rights ofany other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

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Disclaimers

Except to the extent that you may have greater rights in a separate signed or online agreement with us: (a) we disclaim any responsibility for thedeletion, the failure to store, the mis delivery, or the untimely delivery ofany information or material; (b) we disclaim any responsibility for any harmresulting from downloading or accessing or using any photos, information or material obtained from our Site; (c) we disclaim any responsibility for, and ifyou subscribe to one of our fee-based services you will not be entitled to arefund as a result of, any service outages that are caused by our maintenanceon the servers or the technology that underlies our Site, failures of ourservice providers (including telecommunications, hosting, and power providers),computer viruses, natural disasters or other destruction or damage of ourfacilities, acts of nature, war, civil disturbance, or any other cause beyondour reasonable control.

 

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. INADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITESAND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE ATYOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANYPOTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROMYOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKESANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITESWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THATMAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv)THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOUPURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANYERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANYWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUTLIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, ORANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THATYOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OURSITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

 

NEITHER WE NOR OUR NOR PHOTOGRAPHERS OR PARTNERS SHALL BE LIABLE FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OFTHE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.

 

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONOF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONSOR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OFOUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITEDTO THE GREATEST EXTENT PERMITTED BY LAW.

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Arbitration

Yellow Door Brand® may elector resolve any controversy or claim arising out of or relating to these Terms or our Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Grosse Pointe Farms, Michigan, adjudgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the state of Michigan, necessary to protect the rights or the property of you or Yellow Door Brand® (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

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Infringement Claims/Copyright Agen

If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify Yellow Door Brand® of your copyright infringement claim in accordance with the following procedure. Yellow Door Brand® will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA)and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

 

By Mail:

Andreas Browne

Yellow Door Brand®

18424 Mack Avenue Grosse Pointe Farms, MI 48236

By Phone: 313-264-1587

By Email: info@yellowdoorlbrand.com

 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. ??512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic misaddress at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusiveright that is allegedly infringed.

 

E-mails sent to info@yellowdoorbrand.com forpurposes other than communication about copyright claims may not be acknowledged or responded to.

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Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the owners, Yellow Door Brand®, 18424 Mack Avenue, Grosse Pointe Farms, MI 48236

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all other online or written agreements, terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Yellow Door Brand® and govern your use of our Site, and, except as specifically set forth herein, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of Michigan, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Michigan if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Ters is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.