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Terms of Use

Terms and Conditions of Use

General

Triumph Apparel Corp. (“Danskin.com” or collectively, “us,”  “we” or “our”), operate this website (the “Site”) under license from Studio IP Holdings LLC. Dankin.com is operated independently from Studio IP Holdings LLC, its parents and affiliates. This document sets forth the terms and conditions of use (“Terms and Conditions”) of this Site, and incorporates herein by reference our Privacy Policy.  We encourage you to read these Terms and Conditions carefully and to contact us if you have any questions.  Also, because it may be necessary for us to make changes to the Terms and Conditions from time to time, you should review the Terms and Conditions regularly.  By visiting and using the Site after we have posted changes, you agree to follow and comply with the changes.

In addition, please note that your use of certain services on the Site may be governed by rules that are not specifically set forth in these Terms and Conditions. These rules will be made available to you on the page or pages associated with these services. By using our Site and any of these services, you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.

Linking and Third Party Sites

Our Site contains links to other web sites. If you link to another web site from our Site, you will leave our Site and these Terms and Conditions will not apply. Please make sure that you read and are familiar with the legal notices posted on any web site linked to our site including all privacy policies. The links on our Site should not necessarily be construed as an endorsement of the associated sites or any content displayed at the sites. We cannot and shall not have any responsibility or liability for your visit to and use of these other web sites.

Sweepstakes and Contests

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.

Submissions; Site Conduct

From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site.

By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval.

By submitting or sending content or material to the Site you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any so-called “moral rights” associated with the content or material have been waived.

You may not post or transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site.

We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. Notwithstanding, we shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on our Site that we find to be in violation of these Terms and Conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.

Copyright and Trademarks

Our Site and the contents of the Site are intended for your personal, noncommercial use.

Studio IP Holdings LLC and some third parties are the owner of (or have the right to use) trademarks, trade names and trade dress appearing on the Site. The Danskin mark and all other trademarks, trade names and trade dress appearing on the Site may not be used without obtaining written consent from Studio IP Holdings LLC or the owner thereof.

The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Studio IP Holdings LLC and third party content providers also own (or have the right to use) copyrights in the content original to them.

You may not reproduce, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, create derivative works from, or in any way exploit any of the content on the Site, in whole or in part, without our prior written consent.

Disclaimer of Warranty; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT TRIUMPH APPAREL CORP, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF WE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRIUMPH APPAREL CORP. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL TRIUMPH APPAREL CORP. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.

Indemnification

You agree to defend, indemnify, and hold harmless Triumph Apparel Corp., its affiliates and related companies, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising from your use of the Site, any services related to the Site or any linked site.

Miscellaneous

These Terms and Conditions and any operating rules for the Site established by us constitute ours and your entire understanding with respect to the use of the Site. We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in New York County, New York State. No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 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 the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions is found to be unenforceable for any reason, than that provision shall be deemed severable from the Policy and shall not affect the validity and enforceability of any remaining provisions.

 

Last Updated:  4/28/08