Effective: April 11, 2008

Terms of Use

This is the Jockey.com website of Jockey GmbH, a limited liability company organized under the laws of the Federal Republic of Germany. The website is owned, controlled, operated or licensed by Jockey International, Inc., the parent company of Jockey GmbH ("Jockey"). Please review these basic terms that govern your access to and use of the Site. Your access to and use of the Site constitutes your agreement to follow and be bound by these terms and conditions and other applicable laws ("Terms of Use"). If you do not agree to these Terms of Use, please do not use the Site.

Jockey reserves the right, at its sole discretion, at any time, for any reason, without prior notice to you, to modify, in whole or in part, these Terms of Use, that govern your access to and use of the Site. These Terms of Use will be posted on the Site with any modifications. Your access to and use of the Site following any such change constitutes your agreement to follow and be bound by those terms as changed.

Copyright

Unless otherwise noted, all materials, including, but not limited to, text, images, illustrations, designs, icons, photographs, video clips, code and other tangible or intangible materials that are used as part of this Site ("Content") is copyrighted as a collective work under the United States and other copyright laws, and is the sole and exclusive property of Jockey. You may display, download and print material from the Site, such as store locations or product descriptions, solely for your personal, non-commercial use only.

Except as noted above, any other use, including but not limited to, the reproduction, publication, transmission, display, copying, distribution, modifying or creating of derivative works from, selling or participating in the sale of, or exploiting in any way, in whole or in part, the Content of this Site for any other purpose, without Jockey's prior written permission, is strictly prohibited. You may not modify in any way any part of the Site or the information and data listed, including any proprietary notices from materials downloaded or printed from the Site.

No right, title or interest in any Content, including copyright thereto, is transferred to you as a result of any authorized or unauthorized use of the Content of this Site.

Trademark

JOCKEY, Y-FRONT, Y-FRONT Design, JOCKEY.COM, SWIRL Logo, Jockey Figure Logos, and all other trademarks, logos and trade names used in this Site are trademarks of Jockey International, Inc., whether registered or not. They may not be used without Jockey's prior written approval. COOLMAX, LYCRA, MERYL and TENCEL are the property of the applicable third party owner.

User Comments, Feedback, and Other Submissions

All comments, reviews, ratings, feedback, suggestions, ideas, images, and other submissions disclosed, submitted or offered to Jockey through this Site or otherwise disclosed, submitted or offered in connection with your access to and use of this Site ("Submissions") shall be and remain Jockey's property. Such disclosure, submission or offer of any Submissions shall constitute an assignment to Jockey of all worldwide right, title and interest, including all copyright or all exclusive licenses to the copyright thereto as may be applicable, in the Submissions, subject to any third party rights. Thus, Jockey will own exclusively all such right, title and interest, including copyright or all exclusive licenses to the copyright thereto as may be applicable, in the Submissions, subject to any third party rights.

At its sole discretion and without limitation, Jockey has the right, but not the obligation, to post, store or otherwise use, commercial or otherwise, the Submissions, in whole or in part, on the Site and/or for any other purposes intended by these Terms of Use. Jockey also reserves the right, at any time, but not the obligation, to review, alter, edit, post, store, refuse to post or store, or to remove any Submissions, in whole or in part, for any or no reason. Jockey is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to user any compensation for any Submissions; or (3) to respond to any user Submissions.

You are and shall remain solely responsible for the content of any Submissions you make. You agree that no Submissions provided by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions provided by you to the Site will be or contain any material that is defamatory, libelous, threatening, obscene, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. The views, opinions, recommendations, and comments submitted by you and any other content contained in the Submissions are solely your own and your responsibility. Jockey does not endorse and expressly disclaims any and all liability in connection therewith.

Communications Through This Site

This Site is intended for information purposes only. We do not solicit personal information through this Site. We welcome the opportunity to answer any questions you may have and invite you to contact us by:

Sending us an e-mail at: de.info@jockey.com
Calling us: +44 (0)162 541 96 00
or
Sending us a fax at: +44 (0)162 541 96 01

Product Information

Jockey® products are available at better department and specialty stores. Availability of the products displayed on this Site, on any other Jockey owned and operated website, or any other affiliated or unaffiliated third party site is subject to the supply and sole responsibility of each particular vendor. All product descriptions and offerings are subject to change at any time without notice.

Unless otherwise specified and except to the extent Jockey® products are offered for sale in the United States through this Site, other Jockey owned and operated website, or any affiliated or unaffiliated third party website, this Site and the Content thereof are displayed solely for the purpose of promoting Jockey's products and services available in the United States and select foreign markets.

Jockey has made every effort to display as accurately as possible the colors of our products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Links to Other Sites

Jockey may provide links to websites operated by affiliated or unaffiliated third parties. To the extent that this Site contains links to such third party websites, the availability and content of which Jockey does not control, any concerns regarding any such websites, or any link thereto, should be directed to that particular third party website owner. Third party websites each have their own, separate terms and conditions, privacy and data collection practices, independent of Jockey. These Terms of Use and Jockey's Privacy Notice do not apply to your access to and use of any third party website linked through this Site. You are solely responsible to read the terms and conditions and privacy policies of any third party website that you have linked to from this Site. You acknowledge and agree that Jockey is not responsible or liable for the availability of any third party website or for any content, advertising, products, services or other materials, or the accuracy thereof, on or available from such third party website. Links to third party websites do not constitute an endorsement by Jockey of any such website, the website owner, or the products or services available on or through the third party website. You acknowledge that Jockey is providing these links to you only as a convenience.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR ACCESS TO AND USE OF THE SITE THAT IT IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICEING OR REPAIRS OF ANY EQUIPMENT OR ANY COMMUNICATION NETWORK OR LINES YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, AND THAT JOCKEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS TO AND USE OF THE SITE. JOCKEY FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF COMPLETENESS OF THE USER SUBMISSIONS ON THE SITE, THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THIS SITE. JOCKEY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

Limitation on Liability

IN NO EVENT SHALL JOCKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER OR NOT JOCKEY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FORGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLLICABLE JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless Jockey, its officers, directors, employees and agents, from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, attorney's fees, arising from: (i) your access to and use of the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right; or (iv) any claim that any of your Material caused damage to a third party. This provision will survive the Terms of Use and your access to and use of the Site.

Modification of Site

Jockey reserves the right, at its sole discretion, at any time and from time to time, for any reason, temporarily or permanently, in whole or in part, without prior notice, to modify or discontinue the Site, including, but not limited to (i) restricting the time the Site is available, and (ii) restricting or terminating any user's right to access and use the Site. You agree that Jockey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content or feature offered through the Site.

Miscellaneous

This Site is controlled and operated by Jockey from its offices in Kenosha, Wisconsin. These Terms of Use shall be construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. Any dispute arising under these Term of Use shall be resolved exclusively by the state and federal courts in Kenosha County, Wisconsin, United States of America.

These Terms of Use and any other legal notices published by Jockey on this Site, shall constitute the entire agreement between you and Jockey concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Jockey's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Termination

These Terms of Use are effective upon you accessing the Site. You may terminate these Terms of Use at any time. Jockey may terminate these Terms of Use, in whole or in part, without notice at any time. Jockey also reserves the right at its sole discretion to deny or restrict your access to and use of the Site or any portion thereof, without notice, for any reason or no reason.