General – This library you are about to access
(the “Image Library”) contains Gildan’s logos and images
(the “Content”). By using the Content and by checking the box below you
agree to be bound by these Terms and Conditions, as they may be amended (the “Terms
and Conditions”).
If you do not agree to these Terms and Conditions, you may not access or use the Content.
These Terms and Conditions expressly supersede prior agreements or arrangements with you.
Gildan may immediately terminate these Terms and Conditions with you at any time for any
reason. Gildan may amend these Terms and Conditions from time to time. Amendments will be
effective upon Gildan's posting of such updated Terms and Conditions. Your continued access
or use of the Content after such posting constitutes your consent to be bound by the terms
as amended.
Gildan Activewear SRL and its affiliates ("Gildan") hereby grant to you a
limited, nonexclusive, non-transferable right to use the Content for the Permitted Uses
(as defined below) only. Unless the activity or use is a Permitted Use, you cannot do it.
All other rights in and to the Content, including , without limitation, all copyright and
other intellectual property rights relating to the Content, are retained by Gildan
Activewear SRL or the owner of the Content, as the case may be. Gildan has the right to
suspend, restrict or remove your access to the Content at any time and without notice.
All images and logos are licensed or owned and copyrighted by Gildan. By downloading these
images/logos you agree not to replicate, amend or misrepresent their Content.
Permitted Uses – Subject to the restrictions described under Prohibited
Uses below, the following are the only “Permitted Uses” of Content:
-
The images and logos are for business-to-business use only, to promote Gildan’s brands
and products.
-
Advertising and promotional projects , namely printed materials, product packaging ,
presentations, film and video presentations, commercials, catalogs, brochures,
promotional greeting cards and promotional postcards (i.e. not for resale or license);
entertainment applications, such as books and book covers, magazines, newspapers,
editorials, newsletters, video, broadcast and theatrical presentations; online or
electronic publications; prints, posters (i.e. a hardcopy ) and other reproductions
for personal use or promotional purposes specified above, but not for resale, license
or other distribution.
-
The lifestyle images use is permitted for business-to-business use and must not be used
in business-to-consumer environments, such as is prohibited.
- The use of product shots (shots without models) is permitted.
Prohibited Uses – You may not do anything with the Content that is not
expressly permitted in the preceding section "Permitted Uses". For greater certainty, the
following are considered as “Prohibited Uses” and you must not:
-
The images and logos cannot be changed, modified or manipulated in any way and all images
must always appear in association with the relevant logo and applicable notice.
- Use any of the images to represent any other brand;
- Use the logos for product branding or decoration;
- Represent the logos in any format on packaging or point-of-sale materials;
-
Use any of the Content as part of a trademark, design-mark, trade-name, business name,
service mark, or logo;
-
Use the Content in a way that is considered by Gildan Activewear SRL, or under any
applicable law, pornographic, obscene, immoral, infringing, defamatory or libelous in
nature, or that would be reasonably likely to bring any person or property reflected in the
Content into disrepute;
-
Content must not be used under any circumstances in a way that might harm the brand
image or reputation of Gildan;
-
Remove any notice of copyright, trademark or other proprietary right from any place where
it is on or embedded in the Content;
-
Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the
Content or the rights granted under these Terms and Conditions;
-
The images and associated logos cannot be sent to nor used by third parties without prior
written agreement from Gildan.
The images are valid until the 31st of December of the following calendar year, and using
any of the images after this time will infringe photography usage rights.
Limitation of Liability – The Content is provided “as is” without
representation, warranty or condition of any kind, either express or implied, including,
but not limited to the implied representations, warranties or conditions of merchantability
or fitness for a particular purpose. Gildan does not represent or warrant that the Content
will meet your requirements. The entire risk as to the quality and performance of the
Content is with you.
IN NO EVENT SHALL GILDAN OR CONTENT OWNERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS
(COLLECTIVELY THE "GILDAN PARTIES") BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS
OF PROFITS , INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ) IN
CONNECTION WITH ANY CLAIM, LOSS , DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR
OUT OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON,
ACCESS TO , OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO
YOU HEREUNDER, EVEN IF THE GILDAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, NO ACTION OR CLAIM, REGARDLESS
OF FORM OR NATURE, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY OR ON BEHALF
OF YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE. NOTWITHSTANDING ANY
OTHER TERM HEREIN, GILDAN SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS
A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT
IS USED BY YOU.
You agree to indemnify, defend and hold harmless the Gildan Parties from and against any
and all claims, liability, losses, damages, costs and expenses (including reasonable legal
fees on a solicitor and client basis) incurred by any Gildan Parties as a result of or in
connection with any breach or alleged breach by you or anyone acting on your behalf of any
of the Terms and Conditions.
Your use of this Image Library and any associated Content may sometimes be subject to
interruption, unavailability, restriction, or delay. Due to the nature of the Internet and
electronic communications, Gildan (and our service providers) do not make any warranty that
this Image Library or any associated Content will be error free, without interruption or
delay, or free from defects. Gildan will not be liable to you should this Image Library
become unavailable, interrupted, restricted or delayed for any reason.
Although Gildan endeavours to prevent the introduction of viruses or other malicious code
(“malicious code”) to this Image Library, we do not guarantee or warrant
that this Image Library, or any Content available on or through it, does not contain
malicious code. Gildan will not be liable for any damages or harm attributable to malicious
code. You are responsible for ensuring that the process that you employ for accessing this
Image Library does not expose your computer system to the risk of interference or damage
from malicious code.
Governing Law and Jurisdiction – These Terms and Conditions are governed
by the laws of Barbados. The relevant courts of Barbados will have jurisdiction over any
dispute that arises in connection with your use of the Image Library, the Content or these
Terms and Conditions.