Terms & Conditions
I. Terms & Conditions
DISPUTE NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH LENOX WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You should review this Agreement each time you access the Website or otherwise use the Services. Lenox reserves the right to modify this Agreement at any time. By continuing to access the Services, you acknowledge that you will be bound by the Agreement. If you do not agree with this Agreement, do not use the Website. For purposes of this Agreement, the term Lenox shall be interpreted to mean Lenox all Lenox Brands, including Kate Spade, Oneida, Hampton Forge, and Reed and Barton. For purposes of this Agreement, you and Lenox may each be referred to as a “party” or collectively the “parties”.
III. Who Can Use Lenox
IV. Restrictions On Your Conduct
You may not engage in the following activities on the website:
- Use the website for any fraudulent, harassing or offensive or illegal purpose;
- Violate, misappropriate, or infringe the rights of Lenox, including intellectual property, or other proprietary rights;
- Upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt the website, or harm or corrupt our or anyone else’s computer systems, or data; and
- Impersonate another person or attempt to collect or gather other people’s personal information (including account information).
We have the sole right to delete an account that violates these rules or that we believe to be inappropriate for any reason. We may investigate occurrences that we believe may involve improper activity and cooperate with law enforcement authorities in prosecuting any violations of law.
The Website may offer you the ability to rate and provide feedback on certain products, or otherwise provide content and communications (“Customer Ratings and Reviews”). In addition to the above restrictions, if you engage in the Customer Ratings and Review service offered by Lenox, you may also not submit content to the Services that:
- violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- is obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate;
- violates, misappropriates, or infringes the rights of Lenox or other persons, including but not limited to the rights of privacy or publicity;
- includes any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
- you were compensated or granted any consideration by any third party; or
- includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
By submitting any content to the Website, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old; and
- use of the content you supply does not violate this Agreement and will not cause injury to any person or entity.
We have the sole right, but not necessarily the obligation, to delete any content that violates these rules or that we believe to be inappropriate for any reason.
For any content that you submit to Lenox, you grant Lenox a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Lenox's sole discretion. Lenox reserves the right to change, condense or delete any content on the Website that Lenox deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. Lenox does not guarantee that you will have any recourse through Lenox to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. Lenox reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Lenox, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Lenox, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Lenox and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
V. Materials On The Website
The Website and all of its contents, including, but not limited to, product designs (including any and all collateral material relating thereto) and brand, product and collection names, are protected by copyright laws and/or trademarks or other laws. No part of the Website or its contents may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of Lenox.
Lenox owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with Lenox. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.
VI. Accounts; Passwords; Security
You may not use someone else’s Lenox account without permission. When you are setting up your account, you must provide accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or make up name or contact information.
You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. If we (or anyone else) suffer any damage due to the unauthorized use of your account, you shall be liable for all damages arising from the same.
In the event of an interception or unauthorized access despite our efforts, Lenox will not be responsible for such interceptions or unauthorized access. You are responsible for the security of your own account
VII. Mobile Messaging Program
In addition to the other terms and conditions set forth herein, the following terms apply to the Lenox Mobile Messaging Program (the “SMS Program”):
Opt In. The SMS Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that this Agreement (including this Section VII) applies to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Lenox or to use the Services. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Opt Out Process. If you do not wish to continue participating in the SMS Program or no longer agree to the Agreement, you hereby acknowledge and agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Lenox in order to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out from the SMS Program. You also understand and agree that any other method of opting out from the SMS Program, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description. Without limiting the scope of the SMS Program, individuals that opt into the SMS Program can expect to receive messages concerning the marketing and sale of Lenox products, goods, or services. Messages may include checkout reminders.
Cost and Frequency. Message and data rates may apply. The SMS Program involves recurring mobile messages, message frequency will vary, and additional mobile messages may be sent periodically based on your interaction with Lenox.
Support Instructions. For SMS Program support, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the opt out procedures set forth above.
MMS Disclosure. The SMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty. The SMS Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this SMS Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messa