Terms and Conditions

Please read these terms and conditions carefully (“Terms”).  These Terms apply to the Global Brands Group Holding Limited website and mobile application or social media platforms (“Website” or “Websites”) and does not apply to third party websites accessible via hyperlinks from this Website, or other Fung Group entities or websites.

By your continued use of this Website you agree to be bound by these Terms and that you will comply with all applicable local, national and international laws and regulations.  If you do not agree with these Terms and do not wish to be bound by them, please do not use this Website. We reserve the right to modify these Terms at any time without prior notice, but will note the date of last update. Accordingly, we encourage you to check these Terms frequently to see what might have changed since the date of your last visit.

Ownership of Intellectual Property Rights

These Websites, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of Global Brands Group and its Brands, and are protected by U.S. and international copyright laws.  

The content of these Websites may be used for your informational and entertainment purposes only.  Any other use of such content, including the reproduction, modification, distribution, transmission, republication, display or performance of the content without our prior written consent is expressly forbidden.  

Global Brands Group, its Brands, and its licensors retain all ownership, title and interest in the intellectual property rights contained in the software, software tools, processes, techniques, and materials used by Global Brands Group in providing these Websites, including but not limited to copyright, trademarks, patents, service marks, know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.

Global Brands Group may have a trademark in its name and logo. All other product names and logos provided or available herein may be the trademarks of their respective owners. Any other trademarks or service marks appearing anywhere on these Websites are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) it does not constitute a waiver of any and all intellectual property rights that Global Brands Group or its Brands have established in any of their products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of these Websites for commercial profit or gain. Nothing in these Terms or on this Website shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on these Websites.

User Conduct

With respect to any material you send or post to our Websites, you retain all of your ownership rights. However, by sending or posting material to our Websites, you hereby grant Global Brands Group a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such material in connection with our Websites and Global Brands Group’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our Websites a non-exclusive license to access your material through our Websites, and to use, reproduce, distribute, display and perform such material as are permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you in user videos terminate within a commercially reasonable time after you remove or delete your user videos from our Websites. You understand and agree, however, that Global Brands Group may retain, but not display, distribute, or perform, server copies of materials that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.

In connection with material submitted by users, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Global Brands Group all of the license rights granted herein.

When using our Websites, you shall not post or send to or from the Websites:

(a) content for which you have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;

(c)     content which is harmful in nature or could compromise the security of our Websites, including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Websites in breach of the this Section.   

You shall not use our Websites while distracted or preoccupied, such as when operating a motor vehicle. You should access our Websites only with due regard for your own safety and the safety of others.

Consent to Use of Your Personal Information

You acknowledge that in the course of using this web site, certain personal information about you will be captured electronically or otherwise and transmitted to Global Brands Group. The processing of such personal information by Global Brands Group is conducted in accordance with the provisions set out in Global Brands Group’s Privacy Statement.  

Links from Third Party Websites

If you would like to link to our Websites, you may only do so on the basis that you link to, but do not replicate, any page of our Websites, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Websites in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers/Reservation of Rights

All information on our Websites is of a general nature and is furnished for your knowledge and understanding and as an informational and entertainment resource only. In particular the content and information available through the Email News Alert Service is intended for general reference only, and is not intended and should not be regarded or relied upon as any form of investment advice, recommendation, offer, solicitation or performance or other forecast in connection with any investment or business decision regarding securities issued by the Global Brands Group or other assets or investments.  

Global Brands Group reserves the right to selectively distribute the contents and information to subscribers of this the Email News Alert Service having regard to the requirements of applicable laws and regulations.

The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Websites. We may make improvements and/or changes to any of the products depicted or described herein at any time. We reserve the right to vary, suspend or discontinue any aspect of our Websites at any time without notice (including the Email News Alert Service, or any part of it).  We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Websites or reliance on the information from either.  

THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITES, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.  GLOBAL BRANDS GROUP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE EMAIL NEWS ALERT SERVICE.  

Limitation of Liability

YOUR USE OF OUR WEBSITES IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITES OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THESE WEBSITES, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR WEBSITES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. ANY LIABILITY (WHETHER IN TORT, CONTRACT, OR OTHERWISE) ON GLOBAL BRANDS GROUP FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING FROM OR IN CONNECTION WITH YOUR REGISTRATION OR USE OF THE EMAIL NEWS ALERT SERVICE IS EXPRESSLY EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, partners, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to our Websites or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

General

These Terms, together with the Privacy Policy and any legal notices published by us on our Websites, shall constitute the entire agreement between us concerning use of these Websites. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms shall be governed by the laws of the state of New York, and subject to the non-exclusive jurisdiction of the New York courts without reference to principles of conflicts of laws.  

Effective Date:  June 25, 2014