Welcome to the Olga Intimates website (this "Site") operated by Olga Intimates ("OLGA").
OLGA MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AND THESE TERMS AT ANY TIME. BY CONTINUING TO USE THIS SITE AFTER ANY CHANGES ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES.
Privacy and Security
Subject to the terms and conditions hereof, OLGA grants you a limited, revocable, non-exclusive license to access and make personal use of this Site. You may not download or copy this Site or any portion or elements of this Site, except (i) automated temporary page caching by your browser and (ii) a single copy for your own personal use. You may not resell or make any commercial use of this Site or any of its content. Your right to access and use this Site does not include any right to encumber, license, modify, publish, sell, transfer, transmit, or in any other way exploit any of the content on this Site, nor will you attempt to do so, and your right to copy the content of this Site is strictly limited to the conditions herein. You may not "scrape" or otherwise collect from this Site any product descriptions, codes, listings, prices or other information, nor may you use any manual or automated systems, robots or other methods to access, extract or collect information, data or content from or through this Site. You are granted a limited, revocable, non-exclusive license to link, and to send to third parties links, to this Site, subject to your compliance with the "Appropriate Use" terms below, but you may not frame or use similar technologies or techniques to surround, enclose or otherwise alter any element, nor the context of any element, of this Site or its content. You may not otherwise copy, redistribute, publish or otherwise exploit content from this Site without the express prior written permission of OLGA. You further agree and acknowledge that you shall not acquire any ownership or other rights by downloading content from this Site.
Intellectual Property Rights
All content of this Site including, without limitation, all trademarks, service marks, tag lines/slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to OLGA or its licensors, and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on this Site, as well as any content original to OLGA, is owned exclusively by OLGA and is protected by United States and international copyright laws. All rights are reserved by OLGA.
You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include OLGA’s intellectual property without the express prior written permission of OLGA and, without limiting the foregoing, you may not use of OLGA’s trademarks, service marks, tag lines/slogans, logos or names in any manner may cause confusion among consumers, nor in any manner without the express prior written consent of OLGA. All trademarks that appear on this Site that are not owned by OLGA are the property of their respective owners.
Colors, Product Descriptions and Content
OLGA displays colors of our products on our Site as accurately as we believe practical, but the actual color you see depends on the lighting and camera equipment used, the reproduction of the images, and the accuracy of the color reproduction on your screen. OLGA attempts to be accurate in the descriptions of the products and other content on this site, however we cannot warrant that the product descriptions or content are error-free, complete or accurate.
All of the information on this Site is current only as of the date it is posted, whether or not such date is indicated.
Account Information, User Name and Password
When you register for this Site, you will be asked to set up an account and provide an email address and password, as well as other information. You must provide an appropriate and accurate email address and password to access your account information. In order to protect your personal information, you should not provide your account information or password to others. If you register to use this Site, you are responsible for the confidentiality of your account information and password, and ensuring that nobody else accesses or uses your account. By registering to use this Site, you accept responsibility for all activities that occur through or using your account or password. You may only access and use account information that is part of your personal, individual account, and you may not use, download, copy or otherwise exploit the account or account information any other individual, nor use your account for the benefit of another individual or entity. OLGA reserves the right to terminate accounts, to refuse registration and to edit or delete content in its sole discretion.
If you are under 13, you may use only access or use this Site with the involvement of a parent or legal guardian.
You may not use or access this Site, nor use any content from or related to this Site, in any manner that is illegal, inaccurate, dangerous, derogatory, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, or otherwise harmful to third parties. In addition, you may not use this Site or any of its content (including, without limitation, intellectual property and trademarks) in a manner that could portray OLGA, its affiliates, brands, products or services in a misleading, false, negative, derogatory or otherwise offensive manner. In addition, you may not use this Site, nor any of its content, to communicate or transmit: any viruses, trojan horses, worms, harmful or damaging computer code ("Viruses"); political campaign messages; solicitation; promotion of goods, services or opportunities; chain letters; "spam" (unsolicited commercial communications); or any other type of mass or commercial communications. You may not use a false email or physical address, impersonate any person or entity, or otherwise mislead us or third parties as to your identity, nor the origin of any Submission (defined below). All use of OLGA’s trademarks is subject to "Intellectual Property Rights" above.
If you make a Submission, you represent and warrant: that you own or otherwise have sufficient rights to your Submission to grant the rights herein; that the Submission complies with the "Appropriate Use" terms above; that the Submission and your provision of the Submission complies with all applicable laws, rules and regulations. You agree to indemnify, defend and hold us harmless from and against all claims, damages and liabilities (however characterized, including legal fees and expenses, including any from enforcement of this indemnity) arising from or in connection with any Submission.
We reserve the right in our sole discretion (but do not have any obligation) to remove or edit Submissions or other content that does not comply with the requirements of these Terms, but OLGA may not regularly review posted content or Submissions. Removal or editing of any Submission or other content may not occur immediately.
Forums, User Content and Communications
OLGA may offer features through this Site that enable you to post information and materials publicly, for example, bulletin boards, chat areas, social media and similar forums (collectively referred to herein as "Forums"). These Terms, including without limitation all of the "Submission" and "Appropriate Use" terms above, apply to the Forums.
The Forums may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with intellectual property or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Site are those of such third parties and not of OLGA, and OLGA does not endorse any such opinions, statements or materials.
You acknowledge and agree that OLGA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information made available or public through the Forums or any other part of this Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK.
By posting or submitting Your Content to the Site, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.
We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any of Your Content, in whole or in part at any time and to terminate your ability to post Your Content to the Site at any time, without notice, in our sole discretion.
Although we may maintain technical logs concerning your use of the Site, we do not routinely monitor Your Content. You agree that we may not be held responsible for Your Content and that we are not obligated to monitor them. Despite your agreement that we are not required to monitor Your Content, if we become aware of any of Your Content that we believe to violate this Agreement or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, we may - but are not required to - act in good faith to restrict access to or availability of Your Content. We may also take steps to terminate your access to the Site and/or Features or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
If you become aware of any content on the Site that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by emailing email@example.com. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- a) identification of the copyrighted work claimed to have been infringed;
- b) identification of the allegedly infringing material on the Services that is requested to be removed;
- c) your name, address and daytime telephone number, and an email address if available, so that we may contact you if necessary;
- d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
- e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
- f) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Our Copyright Agent for notice of claims of copyright infringement on the Site is Nikki Hart, Associate General Counsel, Warnaco, Inc., who can be reached as follows:
- Nikki Hart
Associate General Counsel
501 Seventh Ave., 12th Floor
New York, NY 10018
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
Sweepstakes, Contests, and Promotions
Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOU UNDERSTAND THAT OLGA CANNOT AND DOES NOT PROMISE, GUARANTEE OR WARRANT THAT FILES YOU DOWNLOAD THROUGH THE INTERNET, INCLUDING FROM THIS SITE, WILL BE FREE FROM VIRUSES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR YOURSELF. OLGA DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OF THE INTERNET OR THIS SITE. YOU ASSUME THE ENTIRE RISK AND COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT.
OLGA MAKES NO, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OLGA DOES NOT REPRESENT OR WARRANT: THAT THIS SITE, NOR YOUR USE OF THIS SITE, WILL BE SECURE, TIMELY UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT DEFECTS WILL BE CORRECTED; NOR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES. OLGA DOES NOT MAKE ANY REPRESENTATION OR WARRANT REGARDING ANY USE OF THIS SITE OR ITS CONTENT, NOR ITS ACCURACY, RELIABILITY OR COMPLETENESS, INCLUDING ANY INACCURACIES DUE TO TYPOGRAPHICAL OR TECHNICAL ERRORS OR INACCURACIES.
YOU UNDERSTAND AND AGREE THAT NEITHER OLGA NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; ANY LOSS OR CORRUPTION OF DATA; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; ANY INTANGIBLE LOSS; ANY RELIANCE UPON THIS SITE OR ANY CONTENT; ANY CHANGES TO THIS SITE OR CONTENT; AND ANY DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE. THE LIMITATIONS ON OLGA’S LIABILITY APPLY WHETHER OR NOT OLGA WAS OR SHOULD HAVE BEEN AWARE OR WAS OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON SOME OR ALL IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR MAY LIMIT SUCH LIMITATIONS OR EXCLUSIONS. SOLELY TO THE EXTENT OF THE MINIMUM APPLICABILITY OF SUCH LAWS TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
These Terms will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and us. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms will be in the state and federal courts in New York City (Manhattan), New York.
If any part of these Terms is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms with respect to the items to which they apply. OLGA may revise or modify this Site, these Terms, products, product information or pricing without notice.
To obtain information about or to make a claim concerning performance of a warranty obligation you must contact WARNERS by phone at 800.423.4313 or by mail at the following addresses: OLGA c/o Marketing Team 501 7th Ave 11th Fl NY, NY 10018 or ContactUs@OlgaIntimates.com.