Timberland LLC and its affiliates (collectively, “Timberland,” “The Timberland Group,” “we,” “us” and “our”) provide you with access to our family of web sites, including, without limitation:
• www.timberland.com.my and any additional marketing sites that we may create from time to time (the “Marketing Sites”): and
Some of the Web Sites may permit you to order products or services. Your purchase of products or services is subject to and governed by supplementary and additional terms and conditions found at each Shopping Site. Please review all applicable supplementary and additional terms and conditions carefully before placing an order for products or services.
YOUR ATTENTION IS DRAWN SPECIFICALLY TO SECTIONS 8 AND 9 WHICH SET OUT IMPORTANT LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU.
1. Permitted Uses Of The Web Sites; Restrictions.
(b) You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Sites any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). Whilst we take all reasonable steps to ensure that the Web Sites are free from Viruses, we do not guarantee that this will be the case at all times. You may not use the Web Sites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Sites. You may not use any data mining, robots, or similar data gathering and extracting tools in connection with the Web Sites. If you download software or any other content from the Web Sites, you do so at your own risk.
2. Accuracy Of Information.
We attempt to ensure that information on the Web Sites is complete, accurate and current. Despite our efforts, the information on any of the Web Sites may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Web Sites.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Sites are registered and unregistered trademarks, trade names and service marks owned by Timberland, and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Sites are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by Timberland. Nothing contained on any of the Web Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Web Sites without our written permission or the written permission of such third-party owner.
4. Linking To The Web Sites.
Any permitted links to the Web Sites must comply with all applicable laws, rules and regulations and any applicable policies of Timberland. If you intend to create any link from another web site to any page on the Web Sites, you will inform us via email at: email@example.com. We reserve the right to prohibit any such link at any time. Running or displaying the Web Sites or any information displayed on the Web Sites in frames or similar means on another web site without our prior written permission is prohibited.
5. Third-Party Links.
From time to time, the Web Sites may contain links to other web sites that are not owned, operated or controlled by us or our affiliates (“Third-Party Sites”). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Sites. Neither we nor any of our affiliates are responsible for any content or other information located on or accessible from any Third-Party Site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or other information located at, or accessible from, such Third Party Sites, or the results that you may obtain from using such Third-Party Sites. If you decide to access any Third-Party Site linked to or from the Web Sites, you do so entirely at your own risk.
6. User Information.
Any questions, comments, suggestions, or other information about Timberland products or services submitted to Timberland through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Timberland shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Timberland specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Timberland will not have any obligation or liability to you arising from Timberland’s and/or any third party’s receipt or use of such information or material.
8. FEEDBACK AND USER CONTENT
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Timberland does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Timberland expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you may not rely on said Feedback and User Content, and that under no circumstances will Timberland be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Timberland does not pre-screen or approve Feedback and User Content, but that Timberland shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
9. ESTABLISHING AN ACCOUNT
Users of all ages are welcome to browse the Website; however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may 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 you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
10. AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Timberland’s review and approval. If Timberland chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
11. EXTERNAL SITES
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Timberland is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
12. Inappropriate Material.
You are prohibited from posting or transmitting to any of the Web Sites any User Communication that we reasonably believe to be: (i) unlawful, untrue, misleading, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, pornographic, profane; (ii) invasive of privacy or personal information; (iii) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright and right of publicity; (iv) of a type that you do not have the right to post or transmit under law or any contractual or fiduciary relationship, including proprietary or confidential information; (v) advertising or an offer to sell or buy any goods or services; (vi) considered a criminal offense or to give rise to civil liability or constitutes encouragement of the same; or (vii) otherwise objectionable or in violation of applicable law, rule, regulation or order. In addition to any remedies that we may have at law or in equity, 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 cure or prevent the violation, including without limitation, the immediate removal from any of the Web Sites of objectionable User Communications. 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 User Communications.
YOUR USE OF THE WEB SITES IS AT YOUR RISK. THE SERVICES PROVIDED IN CONNECTION WITH THE WEB SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE WEB SITES OR ANY CONTENT, INFORMATION OR SERVICES PROVIDED OR MADE AVAILABLE THEREIN. THE WEB SITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE WEB SITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
14. LIMITATIONS OF LIABILITY.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEB SITES OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEB SITES. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITES, ANY WEB SITES LINKED TO THE WEB SITES, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
16. Choice Of Law; Jurisdiction.
17. Copyright Infringement Notice.
(a) We respect the intellectual property rights of others and expect users of the Web Sites to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Timberland’s designated Copyright Agent at the following:
Gloria A. Pinza, Esq.
Designated Copyright Agent
Piece Atwood LLP
One Monument Square
Portland, ME 04101
United States of America
or, via e-mail to: firstname.lastname@example.org
(b) All claims of infringement must be in writing and must contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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, a representative list of such works at that site;
3. 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 us to locate the material;
4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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
6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(a) Access to and use of the Web Sites is made available only to people who can form legally binding agreements under applicable law. The Web Sites are intended for a general audience and are not intended to be used by minor children. Children accessing the Web Sites should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”), to access the Web Sites, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Web Sites; and (iii) the consequences of any use of the Web Sites by such Minor.
We may suspend or terminate your use of the Web Sites at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Sites at any time without notice.
21. Statutory Rights.
23. Additional Assistance.
For questions or concerns relating to the following Web Sites (timberland.com; shop.timberland.com), please contact us at:
Level 9, Centrepoint South,
Mid Valley City, Lingkaran Syed Putra
59200 Kuala Lumpur, Malaysia