IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF THE BATH & BODY WORKS WEB SITE, THE HOME PAGE OF WHICH IS AT WWW.BATHANDBODYWORKS.COM OR ANY BATH & BODY WORKS ONLINE CHANNEL WHERE THESE TERMS AND CONDITIONS ARE LINKED, SUCH AS BATH & BODY WORKS MICROSITES; BATH & BODY WORKS PAGES ON SOCIAL MEDIA SITES, FOR EXAMPLE ON FACEBOOK, TWITTER OR YOUTUBE; AND MOBILE SITES OF BATH & BODY WORKS THAT DISPLAY OR LINK TO THESE TERMS AND CONDITIONS (EACH OF THESE REFERRED TO INDIVIDUALLY AS A "SITE"). YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
- Copyright Notice and Use of Site
The design of this Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are protected by U.S. and international copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Site and the Site as a compilation are ©1999-2009, GSI Commerce Solutions, Inc., an eBay company, or its affiliates and suppliers. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this Site are © 2011, Bath & Body Works Direct, Inc. or its respective affiliates (collectively, "BBWD" or "we") and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site. Any unauthorized use of any such information or materials may violate U.S. and/or international copyright laws, trademark laws, treaties, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, BBWD reserves the right to seek all remedies available by law and in equity. BBWD reserves the right to block or deny access to the Site to anyone at any time for any reason.
BBWD retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of BBWD and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. You are also advised that BBWD will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
- User Information
BBWD does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or through User Communications contained on this Site (collectively, "Content"). Any Content placed online, including advice, opinions and stories, are the views and responsibility of those who post the Content and do not necessarily represent the views of BBWD.
- Products and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. BBWD makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. All DVDs, CDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, it may be necessary for you to file claims with carriers for damaged and/or lost shipments.
- Linking to this Site
Creating or maintaining any link from another web Site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws.
- Special Notice
BBWD and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on this Site is prohibited absent express written permission from BBWD. Framing, inline linking or other association of this Site or its or its suppliers software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the BathandBodyWorks.com Web site is expressly prohibited.
- Third Party Links
Periodically, links may be established from this Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may, with our written permission, provide links to this Site. None of these links should be deemed to imply that BBWD endorses the Third Party Sites or any content therein. BBWD does not control and therefore would not be responsible for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites.
One or more patents may apply to this Website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
- Your Account
You may choose to create an Account at our Site. If you do, you will have an email address and password for your account. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.
ACCESS TO THE SITE IS PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. BBWD RESERVES THE RIGHT TO BLOCK OR DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME FOR ANY REASON.
- Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site. Your continued use of this Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.
- Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and BBWD to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio , without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
NOTICE FOR COPYRIGHT INFRINGEMENT
Bath and Body Works Direct, Inc. ("BBWD") does not permit copyright infringing activities on this Site, and BBWD may remove any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication posted in any manner to this Site by users of the Site, including without limitation those submitted through services through this website, such as product reviews, Customer Conversations or Stories, (all of this collectively, "User Communications") if properly informed that any such User Communications infringe on another's copyright rights. BBWD will terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Site is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User Communications or material posted on this website by third parties infringes upon your copyrights, you may notify BBWD by providing the following information in writing:
(1)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2)Identification of the location where the original or an authorized copy of the copyrighted work exists;
(3)Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit BBWD to locate the same;
(4)Information reasonably sufficient to permit BBWD to contact you, such as an address, telephone number, and, if available, an email address;
(5)A statement that you have a good faith belief that use of the User Communication(s) or 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 you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Bath and Body Works Direct, Inc.
General Counsel's Office
c/o L Brands, Inc.
Three Limited Parkway
Columbus OH 43230
If you fail to comply with all of the requirements above, your notice may not be valid.