Last Revised: April 21, 2016
Welcome to bostonproper.com.
Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, music, sounds, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials ("Boston Proper, LLC Content") are owned, controlled or licensed by Boston Proper, LLC or its Affiliates. Boston Proper, LLC content is provided for your personal, noncommercial use. Unless an agreement exists with Boston Proper, LLC, the use of intellectual properties for commercial use is prohibited. Crediting Boston Proper, LLC for the use of such materials does not constitute an agreement. No right, title or interest in downloaded Boston Proper, LLC content is transferred to you as a result of any such downloading or copying. Unless expressly stated to the contrary, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Boston Proper, LLC content in any way.
User-Generated Content and Submissions
We do not claim ownership to any content, including profiles, information, messages, text, images, illustrations, icons, photographs, videos, music or any other content or materials ("User-Generated Content"), you submit , upload, post or otherwise provide or make available to Boston Proper, LLC or its Affiliates or vendors, or make available on or through this website, including User-Generated Content that is on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest and/or Twitter, which you have agreed to allow our use of, and those associated with hashtags related to Boston Proper, LLC (“Submission(s)”).
You must be at least 18 years old to make a Submission. Your Submission may be used in any Boston Proper, LLC advertising, marketing or promotional materials, including this website, printed materials, emails, social media sites and in-store marketing materials. If your Submission is used by Boston Proper, LLC, it may be publicly displayed along with your name and associated Facebook, Instagram, Pinterest, or Twitter profile information. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
(hereinafter "user-generated content"). All user-generated content posted, submitted or otherwise transmitted or made available to this website remains the sole responsibility of the person who originated such content. We do not and will not monitor or control user-generated content posted, submitted or otherwise transmitted to this website and take no responsibility for such content. Submissions will be treated as non-confidential and non-proprietary. With respect to any user-generated content submitted or made available for inclusion on this website, you grant Boston Proper, LLC and its Affiliates, a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Submissions and User-Generated Content as well as your name, Facebook, Instagram, Pinterest or Twitter handle, ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, forms, media, or technology, alone or as part of other works, without further notice or compensation. You hereby represent, warrant and covenant that any user-generated content you provide does not include anything to which you do not own or otherwise control or have the full right to grant the license stated above. You represent that your user-generated content and Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, commercial offerings or any form of "spam."
Any questions, feedback, comments, suggestions regarding our current products and services, as well as any or your ideas and concepts for new products and services, offered to us ("Feedback") will be and remain the property of Boston Proper, LLC. Submission of Your Feedback, whether directly posted on this website, including but not limited to Ratings and Reviews, or via email, postal mail, or otherwise, will constitute an assignment to Boston Proper, LLC and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in your Feedback. By sending us your Feedback, we will be entitled to use, reproduce, disclose, publish and distribute Your Comments (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that such Feedback may be used in any Boston Proper, LLC advertising, marketing or promotional materials, including but not limited to printed materials, emails, social media sites and in-store marketing materials. If your Feedback is used by Boston Proper, LLC, it may be publicly displayed along with your name and and/or biographical information.
Boston Proper, LLC specifically prohibits you from sending us any information that you consider to be confidential or proprietary or that which you would object to use in marketing materials. You further agree that your Feedback will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; your Feedback will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.
Copyright Infrigement Policy
We respect the intellectual property rights of others and expect others to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from this website. We may remove or disable access to content without prior notice.
Copyright Infringement Notification:
In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to Boston Proper, LLC's Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).
To file a copyright infringement notification with us, you will need to send a written communication that includes the following Notice and deliver it to the Designated Copyright Agent. (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):
Notice of Copyright Infringement (Notice)
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
- Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
1155 Broken Sound Parkway NW
Boca Raton, FL 33487
Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.
Product Display and Information
We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor's display of merchandise color, texture or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. Prices and discounts are quoted in U.S Dollars and are valid only in the United States. We may change pricing, discounts, and promotions at any time.
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household, per credit card or per order. This may include orders placed by or under the same customer account, the same credit card, the same device and/or orders that use the same billing and/or shipping address. We may limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed. We may refuse to accept, place or cancel orders if evidence of potential fraud or misconduct exists, as determined in our sole discretion.
Links to Other Websites
This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience.
Boston Proper, LLC Dispute Resolution, Choice of Law and Forum
In the event of any claim, action or dispute related to or arising out of any bostonproper.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, ("Dispute"), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to Boston Proper, LLC, notice will be sent to Boston Proper, LLC 1155 Broken Sound Parkway NW, Boca Raton, FL 33487. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and Boston Proper, LLC agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Palm Beach County, Florida. The Terms will be construed in accordance with the laws of the State of Florida, without regard to any conflict of laws provision.
© 2016 Boston Proper, LLC. All Rights Reserved.