1. General Remarks
These Terms and Conditions of Use (“Terms” or “Terms of Use”) govern your use of the U.S. version of the Christian Louboutin website (https://us.christianlouboutin.com/) website and any services provided by the Company (defined below) on or through this website (collectively, the “Site”). The Site is published and maintained by Christian Louboutin LLC (the “Company,” “we,” “us,” or “our”). These Terms represent a binding contract between you and the Company. If you reside outside of the United States and using a different version of the Christian Louboutin website, different terms and conditions of use may apply.
By creating an account, making a purchase, or otherwise using the Site (except for the limited purpose of reviewing these Terms or other agreements or policies on the Site), you expressly represent that you (i) are legally competent to enter into this agreement, (ii) are above the age of majority in your jurisdiction of residence, and (iii) agree, without limitation or qualification, to these Terms. If you do not agree to be bound by the Terms, you may not use the Site.
Certain areas, features, or functionality of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes the Additional Terms.
IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
2. Accounts and Account Credentials
To access certain features of the Site, you must create an account. When you create an account, your username will be the same as your e-mail address associated with your account. The Company will allow you to choose a password to be used in conjunction with your username. You are not authorized to access the Site through use of any username and password other than the one under which you are registered.
You agree to:
- provide accurate, current, and complete information about you as may be prompted by any forms for the Site (“Personal Information”);
- maintain and promptly update the Personal Information and any other information you provide to the Company, to keep it accurate, current, and complete;
- maintain the confidentiality of your username and password to access the Site; and
- accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your username and password.
3. Content of the Site
The Site and all of its content, features and functionality, including information, text, graphics, trademarks, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (“Company Content“) are the exclusive property of the Company, our licensors, or other content suppliers. For avoidance of doubt, the Company Content includes: (i) the logos, service marks, and trademarks displayed on the Site, including the CHRISTIAN LOUBOUTIN® mark and the Red Lacquered Sole® mark and (ii) the graphic images displayed on the Site, including photographs and other visual depictions of Company products. The Company Content is protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws.
The Company hereby grants you a limited, revocable, non-sublicensable license to access, view, and utilize the functionality of the Site, and to download information from the Site and print out a hard copy, all the foregoing solely for your personal, non-commercial use and subject to these Terms. This license is available to you as long as you are not barred from the Site by applicable law and your access is not terminated by you or us. Notwithstanding the foregoing sentence, if these Terms are not enforceable where you are located, you may not use the Site.
Except as expressly provided in this section, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or otherwise use or exploit, in whole or in part, the Company Content. If you download any Company Content from the Site, you may not remove any copyright or trademark notices or other notices that accompany it. Except as set forth above, nothing contained in this Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of the Company or any third party. All rights not expressly granted by the Company are reserved. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
4. Video Content on the Sites
The Site may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Site and is, therefore, provided in connection with the Company’s sale of luxury consumer goods, including footwear, leather goods, accessories, textile products and beauty products. The Company is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Sites, you agree that the Company is not a “video tape service provider” as defined in the Video Privacy Protection Act (the “VPPA”), 18 U.S.C.A. § 2710.
Further, the Site may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that track information about your activity on the Site (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Site being transmitted from your browser to the Company and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Targeting Tools on the Site result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of the Company’s knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party websites. As such, you hereby acknowledge and agree that, if Targeting Tools on the Site result in your browser’s transmission of information to third-party websites, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by the Company under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against the Company based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
5. User Content and Your License Grant to the Company
Certain aspects of the Site may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). The Company does not claim any ownership rights in User Content. However, in exchange for the opportunity to use the Site and submit, post, link, share, or otherwise make available your User Content, you automatically grant the Company a world-wide, royalty-free, non-exclusive, perpetual, irrevocable and sublicensable license to use, modify, publicly perform, publicly display, reproduce, distribute, create derivative works of, and otherwise use and exploit your User Content for any purpose (commercial or otherwise), in any in form and through any media or channel, without any compensation to you or to any other individual.
The Company will treat any User Content as non-confidential and public. Please do not submit confidential or private information. The Company shall be free to use any ideas, concepts, know-how or techniques contained in your User Content for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such information. You also agree that any other user of this Site may access, view, store or reproduce any of your User Content in connection with that user’s use of the Site.
You agree that you shall not upload, post, transmit, distribute, or otherwise publish any User Content that:
- is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit or indecent;
- constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- violates or infringes the rights of third parties, including copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right;
- contains a virus, spyware, malware or other harmful component or otherwise interferes with (or is intended to interfere with) the proper functioning of the Site;
- contains embedded links, advertising, chain letters, pyramid schemes, or commercial content of any kind;
- Constitutes or contains false or misleading indications of identity, origin, endorsement, or statements of fact.
