Be it known that all are welcome at “scottysfashions.com” (hereafter
called “Scotty's Fashions”) as long as the Terms of Service are agreed upon and adhered to!
The following Terms of Service will be used to govern your use of
Scotty's Fashions. Your use of our site tells us you have read and agreed to our Terms of Service
with any of these terms, please exit Scotty's Fashions. Scotty's Fashions and “Scotty's Fashions,
Inc”, (hereafter called “SFI”), reserves the right to terminate any activity with as well as deny
any access to the website to any person or organization who violates these Terms of Service.
Notice of Copyright
All information, content, services and software displayed on,
transmitted through, or used in connection with Scotty's Fashions, including, but not limited to,
product descriptions, text, photographs, images, illustrations, audio clips, video, html, source
and object code, trademarks, logos, and the like (hereafter collectively called "The Content"), as
well as its selection and arrangement, is owned by SFI, with an associated interest by its
affiliated companies, licensors and suppliers.
You may use The Content online and download or print a single copy
of any portion of The Content solely for reference only, provided you do not remove any trademark,
copyright or other notice from such content. If you operate a Web site and wish to link to
Scotty's Fashions website, you may do so provided you do not charge any fee or other consideration
for the use of said Web Site and agree to cease such link, for any reason, upon request from SFI.
No other use is permitted without prior written permission of SFI. The permitted use as described
in this Paragraph is contingent on your compliance at all times with this Terms of Service.
Without prior written consent from SFI: (1)You may not republish any
portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any
database, compilation, archive or cache. (2)You may not distribute any Content to others, whether
or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce,
sell, publish, transmit, display or otherwise use any portion of The Content. (3)You may not scrape
or otherwise copy any part of The Content. (4)You may not decompile, reverse engineer, or
disassemble any software or other products or processes accessible through Scotty's Fashions.
(5)You may not insert any code or product or manipulate the content of Scotty's Fashions in any way
that affects the user's experience, nor use any data mining, data gathering or extraction methods.
Requests to use any of The Content for any purpose other than as
permitted in these Terms of Service must be submitted in writing to "Scotty's Fashions, Inc. 636
Pen Argyl Street, Pen Argyl, PA 18072, Attn: Legal Department" and contain the following
information: Company Name and Address, Contact Name, Telephone Number, Email Information, and an
Explicit Description of Request With Intent of Use. All requests must be signed and physically
submitted, no electronic requests will be honored. All request cases will be handled on an
individual request basis. We may contact you by telephone, however, we will notify you in writing
of our answer concerning the portion of The Content you are requesting. No third party has the
right to allow you to use any portion of The Content.
Scotty's Fashions respects the intellectual property of others. If
you believe your work has been copied in a way that constitutes copyright infringement or are aware
of any infringing material on Scotty's Fashions, please contact us as soon as possible.
User-Provided Information and/or Content
By providing any information to, communicating with, and/or
providing any material to or placed within, Scotty's Fashions, you represent and warrant: 1)
You either own or otherwise have all necessary rights to the content you provide and the rights to
use it as provided in this Terms of Service; 2) All information you provide is true, accurate,
current and complete, and does not violate these Terms of Service in any way; and 3) The content
provided is not slanderous, will not cause injury to any person or entity in any way, and does not
violate any applicable laws or statutes. You must also understand that the misrepresentation of any
information, such as, but not limited to, the use of a name other than your own legal name, is
prohibited, may constitute fraud, and will be turned over to the legal system for prosecution.
For all such information and material, you grant SFI, its affiliates
and related entities, including Scotty's Fashions and its affiliated partners, a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive,
store, distribute, reproduce and create derivative works from such information, in any form, media,
software or technology of any kind now existing or developed in the future. Without limiting the
generality of the previous sentence, you authorize SFI to share the information across all SFI
affiliated Web sites, to include the information in a searchable format accessible by users of
Scotty's Fashions and other SFI Web sites, and to use your name and any other information in
connection with its use of the material you provide. You also grant SFI the right to use any
material, information, ideas, concepts, know-how or techniques contained in any communication you
send to us for any purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information. All rights in this paragraph are granted without the
need for additional compensation of any sort to you.
Transactions and E-commerce on Our Site
During your visit to our site you may elect to engage in
transactions involving the purchase of our products.
Any transaction through, information and/or content supplied to, or
other communication with any person or entity other than SFI or Scotty's Fashions, is done so
entirely between those respective parties. Neither Scotty's Fashions nor SFI: 1) Takes any
responsibility for the transaction or any resulting act of the transaction; 2) Makes no warranty or
guarantee of any type from said transaction; 3) Will in any way become involved with any dispute
arising from said transaction.
Direct Transactions with Scotty's Fashions and SFI
To serve you most efficiently, credit card transactions and order
fulfillment are often handled by a third party processing agent, bank or distribution institution.
While in most cases transactions are completed without difficulty, there is no such thing as
"perfect security" on the Internet or offline. If you're concerned about online credit card safety,
you can call our sales department by telephone at 610-863-6454 Ext allowing you an alternative
means of placing your order. Neither Scotty's Fashions nor SFI takes any responsibility for the
success or security of transactions undertaken or processed by third parties.
Content and Communication
Scotty's Fashions will not tolerate any content and or communications
submitted that: 1) contains vulgar, profane, abusive, racist or hateful language or expressions,
epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a
personal, racial or religious nature; 2) is defamatory, threatening, disparaging, grossly
inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or
unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or
offensive to any individual or community; 3) violates any right of Scotty's Fashions or any third
party; 4) discriminates on the grounds of race, religion, national origin, gender, age, marital
status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
5) violates or inappropriately encourages the violation of any municipal, state, or federal law,
rule, regulation or ordinance; 6) unfairly interferes with any third party's uninterrupted use of
Scotty's Fashions; 7) advertises, promotes or offers to trade any goods or services, except in areas
specifically designated for such purpose 8) uploads copyrighted or other proprietary material of any
kind on Scotty's Fashions without the express permission of the owner of that material; 9) uploads
or transmits viruses or other harmful, disruptive or destructive files; 10) disrupts, interferes
with, or otherwise harms or violates the security of Scotty's Fashions, or any services, system
resources, accounts, passwords, servers or networks connected to or accessible through Scotty's
Fashions or affiliated or linked sites.
SFI and Scotty's Fashions neither practices nor condones
“SPAMMING” or other such practices, and works hard to prevent such actions from interfering with
our Web services.
General Disclaimer and Limitation of Liability
While Scotty's Fashions and SFI use reasonable efforts to include
accurate and up-to-date information, we make no warranties or representations as to the accuracy of
the Content and assume no liability or responsibility for any error or omission in the Content.
Scotty's Fashions does not represent or warrant that use of any Content and will not infringe the
rights of third parties. Scotty's Fashions has no responsibility for actions of third parties or
for content provided or posted by others.
IN NO EVENT SHALL Scotty's Fashions OR ITS AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN
THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Scotty's
Fashions OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY
AMOUNT FOR DIRECT DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Scotty's Fashions
AND SFI, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS,
SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR
DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES
(INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING:
1) YOUR USE OF Scotty's Fashions; 2) Scotty's Fashions’s USE OF ANY CONTENT OR INFORMATION YOU
PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; 3) INFORMATION OR MATERIAL
POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, 4) ANY
VIOLATION OF THIS AGREEMENT BY YOU.
Scotty's Fashions is controlled, operated, and administered by SFI
from its offices within the United States. Scotty's Fashions makes no representation that materials
or Content available through Scotty's Fashions are appropriate or available for use outside the
United States and access to them from territories where their contents are illegal is prohibited.
You may not use Scotty's Fashions or export the Content in violation of U.S. export laws and
regulations. If you access Scotty's Fashions from a location outside the United States, you are
responsible for compliance with all applicable laws.
Scotty's Fashions reserves the right to change these Terms of
Service at any time in its discretion without formal notification to users. Your continued use of
Scotty's Fashions after the posting of any amended Terms of Service shall constitute your agreement
to be bound by any such changes. Your use of this site prior to the time this Terms of Service was
posted will be governed according to the Terms of Service that applied at the time of your use.
Scotty's Fashions may modify, suspend, discontinue or restrict the
use of any portion of Scotty's Fashions, including the availability of any portion of the Content
at any time, without notice or liability. Scotty's Fashions may deny access to any person or user
at any time for any reason. In addition, SFI or Scotty's Fashions may at any time transfer rights
and obligations under this Agreement to any SFI affiliate, subsidiary or business unit, or any of
their affiliated companies or divisions, or any entity that acquires SFI, Scotty's Fashions or any
of their assets.
These Terms of Service will be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of
law provisions. If for any reason any provision of this Agreement is found unenforceable, that
provision shall be enforced to the maximum extent permissible so as to affect the intent of the
parties as reflected in that provision, and the remainder of the Agreement shall continue in full
force and effect. Any failure of Scotty's Fashions to enforce or exercise any provision of this
Agreement or related right shall not constitute a waiver of that right or provision. The section
titles used in this Agreement are purely for convenience and carry with them no legal or contractual
effect. In the event of termination of this Agreement for any reason, all restrictions and
provisions will survive.
In the case of a conflict between these terms and the terms of any
these Terms of Service shall control. Similarly, in case of a conflict between these terms and our
WARNING: A VIOLATION OF THESE TERMS MAY BE REFERRED TO LAW
ENFORCEMENT AUTHORITIES WHEN DEEMED NECESSARY.