Itsapark

Terms of Use Itsapark

Overview

Welcome to the inspirational community of Itsapark! These Terms of Use (“Terms”) govern the use of the Itsapark web site, itsapark.com available by desktop or mobile web, or smartphone application, (the “Site”) controlled by H & M Hennes & Mauritz GBC AB. Itsapark is a brand owned by the H & M Hennes & Mauritz AB (“we,” “us” or “H&M”).

The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time by providing you with at least 14 days' notice. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.

By accepting these terms of use through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 16 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.

Content Permission & Restrictions

Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.

Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.

Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.

Accuracy of Information on the Site

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Email Communication

By creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. In each send out we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

User Comments

From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions ("User Comments") on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments 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 User Comments you make.

Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.

Links to Third Party Sites and vendors

The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

Any vendor that may from time to time be referred to by us, on our site, is an independent contractor. We do not have any commercial relation with the vendors. Any commercial, or other, relation that you chose to enter into with anyone of the vendors that we at times may link to on the Site, is goverened by that vendor's relevant Terms and conditions and Privacy policies. We do not assume any liability for purchases of services or products, or the processing of personal data that results from your interaction with the relevant vendor.

Prohibited Uses of Site

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

Registration, Accounts and Passwords

You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.

If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.

Disclaimer of Warranty & Limitation of Liability:

YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE 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. 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.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.

Jurisdiction

These Terms shall be construed in accordance with the laws where you have your residence, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Dispute Resolution

If you have a problem with your account, and were not able to settle the complaint with our Customer Service, then you can submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”). The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.

Privacy Statement

We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.

Customer Service

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact our Customer Service team by e-mail at help@itsapark.com.

Effective Date: 01.03.2019 Last Updated: 01.03.2019

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