As between you and us, all rights in all content posted on our website either belong to us or are licensed by us with the right to sue and otherwise enforce intellectual property rights within such content. You may not copy any content from any site without our express written permission. SISwim.com is the official seller of Sports Illustrated Swim® branded merchandise. Venus is the official seller of Venus® branded merchandise.
By submitting any content to SISwim.com, you represent and warrant that:
You further agree and warrant that you shall not submit any content:
You agree to indemnify and hold ABG-SI and Venus (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to PowerReviews, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant 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.
By submitting your email address in connection with your rating and review, you agree that Venus and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Except as otherwise provided elsewhere in these Terms or on the site, anything that you submit or post to the site or any Sports Illustrated Swim® social media site and/or provide to us, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, images, photos, and suggestions (collectively, "Submissions") will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocable right, permission and license to the Submissions and all IP rights related thereto (excluding the moral rights such as authorship right) to Venus without charge and Venus shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Venus and shall not be returned to you and you agree not to raise any dispute in connection with any use of the Submissions by us in the future.
By submitting to SISwim.com or the Sports Illustrated Swim® social media sites:
(1) You represent and warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you.
(2) You represent that you have obtained express permission from everyone who took, or is appearing in, your Submission.
(3) You acknowledge that you will not be compensated in any way for our use of your Submission.
(4) You represent that you understand that we may retouch, edit or otherwise alter content (such as photos) without your ability to inspect or pre-approve.
(5) You undertake to defend for and indemnify us against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post Submissions to the site or any Sports Illustrated Swim® social media site, you also grant us the right to use the name that you submit with any review, comment, image, photo or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, image, photo and other content that you post on this site and that use of your reviews, comments, image, photo or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to remove or edit any Submissions (including comments, reviews, images or photos) for any reason.
Our websites and all of the materials, including, but not limited to, its text, artwork, product names, photographs, images, catalogs, video, and audio (collectively, “Content”) are protected by United States and international copyright laws and are the property of ABG-SI for Sports Illustrated Swim® and Venus for Venus® . The website software or HTML code and scripts are the property of Venus as licensee and website operator. All Content provided through our website is provided as a service to our current and prospective visitors and may be used only for personal, informational, and product ordering purposes. No right, title or interest in the Content is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the website or any of its Content without our prior written permission; you may not access or use the website for any competitive or commercial purpose; nor may you permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such Content is prohibited. Any and all rights not expressly granted are reserved by ABG-SI and/or Venus as applicable.
You are permitted to share Content provided through the website on social media sites such as Facebook, Twitter, Instagram, or similar services. This permission is a limited license to use the Content solely for social purposes and not for any competitive or commercial purposes and does not represent a transfer of title in or to any Content.
We have a no-tolerance policy regarding the use of our Sports Illustrated Swim® Trademark or Venus® Trademarks in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of our Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on our website is prohibited absent our express written permission. Associating or juxtaposing our website or its Content (e.g., through framing or inline linking with advertisements and/or other information not originating from our website is expressly prohibited.
We respect the intellectual property of others. If you believe any materials posted or accessible on the SISwim.com site infringes your copyright, you may request removal of those materials (or access to them) from the Sites by sending written notice to our designated copyright agent at:
Venus Fashion, Inc.
11711 Marco Beach Drive Jacksonville, FL 32224
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ) (DMCA), 17 U.S.C. § 512, the written notice must include substantially the following:
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the site infringes a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.
Agreement to binding arbitration and jury trial & class action waiver.
YOU, ABG-SI, AND VENUS AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (IF A DISPUTE IS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT).
YOU, ABG-SI, AND VENUS FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.
This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of ABG-SI and Venus, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you ABG-SI and Venus as well as each party’s respective heirs, successors, and assigns.
You, ABG-SI, and Venus agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA.This agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.
The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and us. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only.
The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims.
This arbitration requirement applies to any and all claims arising from or related in any way to your use of the SISwim.com site or any Sports Illustrated Swim® sites, your registration with the sites, your requests to receive advertising or promotions, your purchase of or attempt to purchase products from us, and your communications with us.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
For individual consumers: Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
If you initiate an arbitration, we will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.
For businesses or other legal entities: Any arbitration will be held before a single neutral arbitrator and will be governed by the Commercial Arbitration Rules and Mediation Procedures (collectively, "AAA Commercial Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Commercial Rules are available online at https://www.adr.org/commercial, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Commercial Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to:
Venus Fashion, Inc., Attention Legal Dept, 11711 Marco Beach Drive, Jacksonville, FL 32224, and
ABG-SI LLC, 1411 Broadway, 21st Floor, New York, NY 10018 Attention Legal Dept.
The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org.