Inside Curve

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Terms of Service

Welcome to the Inside Curve Web Site (the “Site”). This Site is operated by Charming Shoppes Interactive, Inc., a subsidiary of Charming Shoppes, Inc. Please review the following basic terms that govern your use of this Site (this “Agreement”). Charming Shoppes Interactive, Inc. (“Charming Shoppes Interactive”) grants you permission to view this Site and to download and print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Charming Shoppes Interactive that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Your failure to follow these rules, whether listed herein or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Charming Shoppes Interactive's other remedies. Other than this Agreement, Charming Shoppes Interactive will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Copyrights and Trademarks

Unless otherwise noted, all materials, including without limitation, text, logos, images, designs, photographs, video clips, graphics, music and sound, and written and other materials, that appear as part of this Site (including without limitation Inside Curve, Charming Shoppes, Lane Bryant, Cacique,) and this entire Site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the “Intellectual Property”) owned, controlled or licensed by Charming Shoppes, Inc. its affiliates and subsidiaries (collectively, “Charming Shoppes”) and others. This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. Charming Shoppes aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Inside Curve, Lane Bryant, Cacique, Charming Shoppes, and the other Charming Shoppes formatives and this entire site may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Charming Shoppes. Charming Shoppes prohibits use of any logo of Charming Shoppes or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Charming Shoppes in writing. Fair use of Charming Shoppes’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners.

Charming Interactive owns a copyright in the selection, coordination, arrangement and enhancement of all content on this Site, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Charming Shoppes Interactive and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You shall not submit, upload, post or otherwise make available on or to this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to this Site (including without limitation any essays or other submissions in connection with contests or promotions), you automatically grant, or warrant that the owner of such material has expressly granted Charming Shoppes Interactive the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant Charming Shoppes Interactive the right to edit, copy, publish and distribute any material submitted by you or made available on this Site by you. All essays, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Charming Shoppes Interactive on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Communication") shall be and remain the property of Charming Shoppes Interactive. Such disclosure, submission or offer of any Communication shall constitute an assignment to Charming Shoppes Interactive of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, Charming Shoppes Interactive will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. Charming Shoppes Interactive is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make.

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than Charming Shoppes Interactive. Such links are provided for your reference only. Charming Shoppes Interactive does not monitor or control outside sites and is not responsible for their content. Charming Shoppes Interactive’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Charming Shoppes Interactive’s inclusion of the links imply that Charming Shoppes Interactive is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

Third Party Articles

From time to time the Site may contain articles that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles is correct and the publishing of third party articles shall not in any event be deemed an endorsement by Charming Shoppes Interactive or any of its affiliates of the material contained therein. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of this Site are those of the respective author(s) or distributor(s) and not of Charming Shoppes Interactive. Neither Charming Shoppes Interactive nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, subscriber, or other user not under contract with Charming Shoppes Interactive. Charming Shoppes Interactive neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by anyone other than authorized Charming Shoppes Interactive employee spokespersons while acting in their official capacities. Under no circumstances will Charming Shoppes Interactive or any of its affiliates be liable for any loss or damage caused by a subscriber's reliance on information obtained through this Site. It is the responsibility of a user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.

Use of Images by Press

Should Charming Shoppes Interactive, from time to time, grant accredited journalists a userid/password for the purpose of downloading certain images for press use, then in addition to all other terms of use contained herein, these additional terms shall apply: (i) when using such images, user shall indicate that images were obtained from this Site; (ii) photographers names shall be used, if provided; (iii) images may not be used as covers; (iv) images may not be altered, manipulated or edited in any way.

Registration And Account Creation

Charming Shoppes Interactive may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.

Use Of User Id/Password

If you register and/or set up an account on the Service, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Service, and you are responsible for all use by you and those you allow to use the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.

Information Updates and Postings

Postings on this Site are made at such times as Charming Shoppes Interactive determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. Charming Shoppes Interactive does not review past postings to determine whether they remain accurate and information contained in such postings may have been superceded.

Charming Shoppes Interactive reserves the right to remove any postings to the Site’s bulletin board that Charming Shoppes Interactive, in its sole discretion, deems offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While Charming Shoppes Interactive will periodically review the posted materials and attempt to remove offensive postings, Charming Shoppes Interactive does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, Charming Shoppes Interactive does not represent that postings will remain on the bulletin board for any period of time. The same may be removed by Charming Shoppes Interactive from time to time in Charming Shoppes Interactive's sole discretion. Charming Shoppes Interactive may, but is not obligated to, monitor any chat room activity and refuse access to any user Charming Shoppes Interactive determines, in its sole discretion, is not complying with the terms of use.

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Charming Shoppes Interactive on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site, including, without limitation, postings in any chat room (collectively, "Communication") shall be and remain the property of Charming Shoppes Interactive. Such disclosure, submission or offer of any Communication shall constitute an assignment to Charming Shoppes Interactive of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, Charming Shoppes Interactive will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. Charming Shoppes Interactive is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this 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 Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and the Charming Businesses are not responsible for any falsehoods or inaccuracies in the information you provide us through this Site. You agree that Charming Shoppes Interactive may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. You agree that Charming Shoppes Interactive may (but shall not be obligated to) send e-mail to you for the purpose of advising you of changes or additions to this Site, about any of Charming Shoppes Interactive’s products or services, or for such other purpose(s) as Charming Shoppes Interactive deems appropriate.

NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

CHARMING SHOPPES INTERACTIVE OPERATES THIS SITE ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARMING SHOPPES INTEREACTIVE, INC., CHARMING SHOPPES, INC. THEIR AFFILIATES AND SUBSIDIARIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CHARMING SHOPPES INTERACTIVE AND ITS AFFILIATES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER CHARMING SHOPPES INTERACTIVE NOR ANY OF ITS AFFILIATES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER CHARMING SHOPPES INTERACTIVE, ITS AFFILIATES OR AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER CHARMING SHOPPES, INC. NOR ANY OF ITS AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to defend, indemnify and hold Charming Shoppes and Charming Shoppes Interactive harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site.

Contacting Us / Feedback and Communications

If you have any questions about this Agreement or the Site, please send us an e-mail, or write us at:

Charming Shoppes, Inc., Legal Department, 450 Winks Lane, Bensalem, PA 19020.

Although Charming Shoppes Interactive will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Charming Shoppes Interactive does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

General

You agree that this Agreement and your use of this Site are governed by the laws of the Commonwealth of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Bucks County, Pennsylvania, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Charming Shoppes Interactive has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held exclusively in Bucks County, Pennsylvania, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through this Site.

You agree that Charming Shoppes Interactive may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Charming Shoppes Interactive as a result of this Agreement or your use of this Site.

Charming Shoppes Interactive’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Charming Shoppes Interactive’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Charming Shoppes Interactive with respect to such use.

This Agreement constitutes the entire agreement between you and Charming Shoppes Interactive with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Charming Shoppes Interactive with respect to this Site. No modification of this Agreement shall be effective unless it is authored by Charming Shoppes Interactive or its affiliates, or unless it is physically signed by a Charming Shoppes Interactive officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Charming Shoppes Interactive in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Charming Shoppes Interactive in printed form.

Copyright 2009 Charming Shoppes, Interactive, Inc.

All Rights Reserved.July 7, 2009. Inside Curve, Lane Bryant, Cacique are registered trademarks of Charming Shoppes.