the fine print
this website is offered and made available only to users thirteen (13) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. if you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.
the information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. by accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
MEMBERSHIP & REGISTRATION
if you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
OWNERSHIP OF CONTENT
this website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “material”) are owned by or licensed to company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. unless expressly permitted in writing by company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. nothing contained in these terms or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of company or such third party that may own the material or intellectual property displayed on the website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. you agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate company's rights or the rights of others. you agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the website by other members, including without limitation by attempting to access administrative areas of the website. you agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. you are advised that company will aggressively enforce its rights to the fullest extent of the law. company may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.
forums, bulletin boards, chat rooms or other interactive areas that may be offered on the website (“user forums”) are provided to give users a forum to express their opinions and share their ideas and information. the individual who posts content in the user forums (“community content”) is responsible for the reliability, accuracy, and truthfulness of such content, and company has no control over the same. additionally, company has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
company does not and cannot review every message posted by users in the user forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the user forums. information disclosed in the user forums is by design revealed to the public. company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in company's sole discretion. in addition, company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of company or to protect the safety of our users or the public. in no event does company assume any obligation to monitor the user forums or remove any specific material.
social sharing microsite
when you create a message using the #loveinspades tag via the "unlock your heart" site ("microsite"), and share that message via a social media platform or other medium (eg, sms or e-mail) ("message"), you must ensure that all the information you provide in a message is accurate and truthful. any message you create must not infringe the copyright, trade mark or other intellectual property rights of any other person; be unlawful, threatening, obscene, vulgar, pornographic, profane or indecent; include any material which is defamatory, offensive, distasteful or otherwise unacceptable; improperly claim the identity or characteristics or qualifications of another person or organization; or otherwise be in breach of any local or international laws. for messages that are shared via social media, you will not edit, remove or tamper with any copyright messages or links to the microsite or kate spade website.
before you include any information or images or another person (such as their name, instagram user name, photograph or any other information that might identify them), you must obtain their consent for such use of their personal data. this microsite is not intended to be used by children under 13 and users should not submit any information or images of a person under 13. if you are between the ages of 18 and 13, you must ask your parent or guardian to agree to these terms before using the microsite. failure to abide by these rules will constitute a breach of these terms.
the microsite is for personal use only, and any commercial advertisements, affiliate links, endorsements and other forms of solicitation (excluding your use of the #loveinspades tag) will constitute a breach of these terms.
company does not and cannot review every message posted on social media, and is not responsible for the content of messages or the views or opinions expressed by the users of the microsite. company may however, submit requests to social media platforms to delete any post containing a message which company in its reasonable discretion determines is in breach of these terms or applicable law.
company may from time to time make modifications or changes to the microsite or decide to discontinue offering the functionality. company will give reasonable notice of any material changes that it believes will adversely impact your use of the microsite. however, there are times when company will need to make changes without giving notice. these will be limited to circumstances where company needs to take action for security reasons or to comply with its legal obligations.
in consideration for your use of the Site's community features and functionality, you agree to (i) comply with the “community guide lines” set forth below. users who violate the community guidelines, may, at Company's sole discretion, be permanently banned from using the Site.
entering any community feature will constitute acceptance of the community guidelines. if you do not agree to abide by the community guidelines, please do not enter any community features.
you are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. listed below are some, though not all, violations that may result in Company terminating or suspending your access to community features on a temporary or permanent basis, as determined by Company in its sole discretion (“community guidelines”). you agree not to do any of the following actions while using any of the community features:
- violate these community guidelines or abuse the community purpose of the chat areas.
- participate in any part of the Site if you are under the age of 18.
- use profanity, obscenities, or **asterisks** or other “masking” characters to disguise profane or obscene words.
- use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.
- impersonate other users.
- attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
- post topics on message boards, on the Site or within any of the community features that are unrelated to the subject of the Site.
- advertise or promote other companies or urls.
- share pii with others on the Site.
- include advertising in communications.
- post 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 Company all of the license rights granted herein.
- include advanced fonts, java, tables, html, or other programming codes or commands in messages.
- distribute or otherwise publish any community content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. you also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
- collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
information disclosed in community features is by design revealed to the public. the Site is not responsible for any information you choose to disclose to others. the Site reserves the right, but not the obligation, to remove any posts for any reason. Company does not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any community content provided through a community feature. by posting or uploading community content to any community feature or submitting any other community content to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. in addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called “moral rights” or other similar or analogous rights under any applicable laws in any location in the world.
you understand that the uploading to and/or posting of any community content in any community feature shall not be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any community content. without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the community content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the community content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the community content.
you agree to indemnify Company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any community content to any community feature or submitting any community content to Company, or your failure to comply with the community guidelines. Company does not and cannot review every message posted by users on the Site, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Site. Company reserves the right to, but is not obligated to, delete, move or edit community content, in whole or in part, submitted by you to the Site and/or Company for any reason. in no event does Company assume any obligation to monitor the community features or remove any specific material.
RESTRICTIONS ON USE
in consideration for your use of the user forums and functionality, you agree to comply with the “community guidelines” set forth above. individuals who violate the community guidelines may, at company's sole discretion, be permanently banned from using the website.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, RELATING TO AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY U.S. DOLLARS ($50), IN THE AGGREGATE. HOWEVER THIS LIMITATION OF LIABILITY PROVISION SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF COMPANY'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
BY ACCESSING THIS WEBSITE, YOU AGREE TO THE FOLLOWING: I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” HOWEVER, THE FOREGOING PROVISION SHALL NOT APPLY TO NEW JERSEY CONSUMERS.
company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material. reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by company. views and opinions of users of this website do not necessarily state or reflect those of company. users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.
the internet may be subject to breaches of security. company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction, except if caused by company's own negligence. you should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing company any information. company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this website. this website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY. HOWEVER, THIS INDEMNIFICATION PROVISION SHALL NOT APPLY TO THE ENTENT THAT ANY CLAIM IS THE RESULT OF COMPANY'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
company is pleased to hear from its users and welcomes your comments regarding company's services and products. nevertheless, company's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). while we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. we hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by company's or its affiliates' professional staff might seem to others to be similar to their own creative work. accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.
if you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “submission” and collectively, the “submissions”) despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. for purposes of this paragraph, all community content shall be deemed included in the definition of submissions. none of the submissions shall be subject to any obligation of confidence on the part of company, and company shall not be liable for any use or disclosure of any submissions. any submission may be used by company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. by submitting a submission to this website or company, you represent that such submission is original with you and does not conflict with, violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. all submissions to the website and/or company shall be the sole property of company and will not be acknowledged or returned. you agree and understand that company is not obligated to use any submission you make to the website or company and you have no right to compel such use. you hereby acknowledge and agree that your relationship with company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to company does not place company in a position that is any different from the position held by members of the general public with regard to your submission. you understand and acknowledge that company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by company's own employees. many ideas or stories may be competitive with, similar or identical to your submission in theme, idea, plot, format or other respects. you acknowledge and agree that you will not be entitled to any compensation as a result of company's use of any such similar or identical material. finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a company's actual or alleged exploitation or use of any material you submit to the website and/or company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
if you are a copyright owner and believe that any community content appearing on the Site or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to the digital millennium copyright act (“dmca”) by providing the following information in writing (see 17 u.s.c. 512(c)(3) for further detail) to the copyright agent named below:
- your name, address, telephone number, and email address;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- the exact url or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
2 park avenue, new york, ny 10016, ATTN: Legal Dept., Kate Spade LLC, upon receipt of the written notification as outlined above, Company will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. the alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person. by this filing, Company seeks to preserve any and all exemptions from liability that may be available under the dmca or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 usc 512c or elsewhere in the law.
if you link to this website, we require that you follow these guidelines. you may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of company. the link to this website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. you may not “frame” this website or alter its intellectual property or material in any other way. you may not link to the website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by company in its sole discretion. company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.
company is not responsible for the content or performance of any portion of the internet including other world wide websites to which this website may be linked or from which this website may be accessed. users are requested to inform company of any errors or inappropriate material found on websites to which this website is or may be linked.
this website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. it is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. by entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
company operates this website in the united states. information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. if you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. these terms shall be construed and enforced in accordance with the laws of the united states, state of new york, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. any cause of action filed by you with respect to the terms and/or your use of this website must be filed in the new york, new york within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. this ninety (90) day limitation shall not apply to new jersey consumers. you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in new york, new york for any cause of action relating to or arising under these terms or the website.
VIOLATIONS AND ADDITIONAL POLICIES
company will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. no waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of company. company reserves the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. upon termination of your membership or access to the website, or upon demand by company, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. you are advised that company will aggressively enforce its rights to the fullest extent of the law. company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass company its representatives or any other individual in any manner related to the website.
if any provision of these terms is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. the section titles in these terms are for your convenience only and do not have any legal or contractual effect.
ABILITY TO ACCEPT TERMS
you affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULE, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
the effective date of these terms is september 7, 2016.
Last updated: December 9, 2020
- what types of personal information do we collect?
- how do we use your personal information?
- with whom do we share your personal information?
- how do we protect your personal information?
- what are your choices and rights?
- changes to this privacy notice
- how can you contact us?
We are part of the tapestry inc. brands which include kate spade, coach, and stuart weitzman. In this privacy notice, we describe how we use personal information that we collect from you if you are in the u.s. or canada and you:
- access or use our website at www.katespade.com or any other website, application or online service that we operate which includes a link to this privacy notice;
- make a purchase or sign up in any of our kate spade stores for any of our services; or
- contact us for customer care.
1. What Types of Personal Information Do We Collect?
Information You Actively Submit: if you buy our products, register for an online account with us, use the "wish list" features of our online services, sign up for updates and marketing communications from us, participate in our sweepstakes or surveys, request specific product customizations from us, submit a product review on our website, contact us for customer service, or otherwise interact with us via our online services or in one of our stores, we may collect personal information about you, including the following:
- Contact Data, which may include your name, alias, username, postal address, email address and telephone number;
- Order information and Account Data, which may include your contact data, payment card information, billing address, birth day and month, gender and the details of the products or services you have ordered, purchased or requested from us;
- Gift Registry and Wish List Data,which may include your Contact Data and the products or services you are interested in;
- Giveaways or Sweepstakes Data, which may include your Contact Data and the details of the giveaway or sweepstakes you have voluntarily entered;
- Social Media Data, which may include your social media interactions with us (e.g., if you "like" or "share" or "comment" on something you see on our social media platforms) and any information you actively provide to us for social media marketing purposes. We may also use services provided by third-party platforms (such as social networking and other websites) to choose and target lookalike audiences on such platforms and to create own advertisements, and we may provide a hashed version of your email address or other information to the platform provider for such purposes, and
- Correspondence Data, which you voluntarily provide to us when booking an appointment or sign up for an event at one of our stores, making inquiries to customer care, comments on our social media, product reviews on our site, survey feedback, interests if you choose to participate in our clienteling program, and any other information you actively provide to us.
- Technical Data, which includes your IP address, browser type and version, device identifier, location and time zone setting, network and/or service provider, operating system and platform, page response times, and download errors;
- Online Usage and Interaction Data, which includes the websites you visited before and after visiting our website, products you viewed or searched for on our online services, length of visits to certain online pages, online page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from online pages, your interactions with our marketing emails (such as whether and when you opened an email from us, and whether you clicked a link in the email or forwarded the email), and your interactions with our online ads.
- enable basic functioning of our website;
- web analytics to improve our website (structure, features, accessibility and usability, content, or to fix any technical issues through gathering relevant technical data);
- enable certain basic functions of online browsing and shopping with us (for example, save information you generated or provided on our website such as preferred items, items placed in the cart);
- to provide targeted advertising and monitor the effectiveness of our online ads and marketing (by recording your interactions with our ads on third-party websites, our social media platforms or our marketing emails); and
- learn more about your preferences and Internet browsing habits to provide you with tailored web-visit.
No Children’s Information: Our online services are not intended for use by children under the age of 13. We do not knowingly register or otherwise collect personal information from any child under the age of 13 without the prior verifiable consent of the child's parent or guardian.
2. How Do We Use Your Personal Information?
we use the following categories of personal information for the following purposes:
- Contact Data to communicate with you, including about products and services you have ordered, or to send you updates about our products, services, or campaigns that may be of interest; or when you voluntarily enter to win a contest, sweepstakes or giveaway.
- Order Information and Account Data to create and manage your account on our website (for example to enable you to access, update and save your preferences to the account); fulfill your orders, including product customization requests.
- Gift Registry and Wish List Data to provide you with the "gift registry" or "wish list" features of our online services, which allow you to identify and save products that you are interested in.
- Social Media Data to interact with you through our social media platforms; and administer social media marketing initiatives or social media advertising campaigns.
- Correspondence Data to respond to any specific queries when you contact customer care, to understand your preferences so that we can provide you with updates about our products, events, or services that may be of interest, provide you with a more tailored shopping experience when you arrive to our stores, to administer booking appointments at our stores, to administer sweepstakes and giveaways, or to improve our product offerings and customer experience based on your responses to a survey or product review.
- Technical Data and Online Usage and Interaction Data to provide, maintain, monitor, secure, debug, personalize and optimize our online services to and for you; provide you with customer service and technical assistance for example when you use our chat function; and to generally develop and improve our products and services. we also use technical data that is automatically collected by cookies and related technologies to tailor our advertising and understand the effectiveness of our ads and social media campaigns.
- Advertising and Marketing Activities: to provide you with relevant advertising and marketing communications, including updates on special offers or promotions, products and services that we believe you may be interested in, or to administer and let you know about our sweepstakes and giveaways. we may tailor the content of those communications based on our understanding of your preferences.
- Compliance with Laws: to perform activities necessary to ensure compliance with applicable national, state, provincial and other applicable laws, and to respond to requests from government authorities.
- Protection of Legal Interests: to protect our legal interests, such as in the event of a complaint or dispute.
- Research and Development: to perform research and undertake surveys to understand preferences about our products and customer experience, to improve product design and product testing;
- Merger or Sale: in the event that we, or some or all of our assets are acquired by or merged with a third-party entity or in connection with a prospective of completed merger, acquisition, sale, or other change of control, we may transfer some or all of the personal information that we have collected about you to another organization as part of that transaction. if we intend to transfer your personal information in connection with such a transaction, we may proceed with notice to you, grant you an opportunity to object, or seek your consent, as permitted or required by applicable law.
3. With Whom Do We Share Your Personal Information?
we may share your personal information with the following types of third parties as permitted by applicable law:
- Our service providers and business partners: we rely on affiliated and unaffiliated companies, agents and contractors to assist us with the provision of tapestry services and products to you, including:
- online payment and fraud prevention service providers when you make a purchase;
- delivery / logistics service providers, to deliver products you have purchased;
- customer care services
- infrastructure and IT service providers, including cloud service providers to administer our website and your account if you register with us;
- marketing, advertising and communications agencies to send you information about products and services that may be of interest to you;
- providers of services related to some enhanced online features such as customer review or sizing assistance when you log in to the sizing application linked on our site;
- advertising companies who help us provide tailored advertising and understand the effectiveness of our ads and traffic on our site;
- providers of website testing / analytics services; or
- external auditors and advisers;
- Third parties permitted or required by law: in certain circumstances, we may be permitted or required to disclose or share your personal information to comply with a legal or regulatory obligation. for example, we or our service providers may be required to disclose personal information to US, Canadian or other regulators, government agencies or to judicial or administrative authorities. we may also disclose your personal information to third parties where disclosure is both legally permissible and necessary to protect or defend our rights, for law enforcement purposes, or to enforce our contracts or protect your rights.
- Third parties connected with business transfers: we may transfer your personal information to third parties in connection with a prospective of completed reorganization, restructuring, merger, acquisition or transfer of assets or other change in control, provided that the receiving party agrees to treat your personal information in a manner consistent with this privacy notice.
4. How Do We Protect Your Personal information?
we have implemented technical and organizational security measures intended to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Notice, as well as other administrative, technical and physical safeguards.
for example, when you place an order on www.katespade.com, we use Secure Socket Layer (SSL) technology, an encryption tool that provides security while transmitting information over the Internet. We also use firewall technology, password controls, and other technological and procedural safeguards in respect of your online interactions with us.
while we endeavor to protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.
5. What are Your Choices and Rights?
Unsubscribe. you may unsubscribe from our marketing emails. to do so, please click the "unsubscribe" link at the bottom of any email that you receive or email us at firstname.lastname@example.org. please note that if you have already requested products or services when you decide to withdraw consent, there may be a short period of time for us to update your preferences and ensure that we honor your request. Please note that you may continue to receive transactional or account-related communications from us.
Update, Modify or Correct Your Information. we encourage you to contact us to update, modify or correct your personal information if it changes or if you believe that any information that we have collected about you is inaccurate. we may request information from you to honor your request, such as to ensure proper authentication or to verify the business branch of ours to which the information was provided.
6. Changes to This Privacy Notice
We may change, modify, add, or remove portions of this Privacy Notice at any time, in which case we will provide individuals with notice of such updates where required by applicable law and then upload the updated Privacy Notice to our websitewww.katespade.com. You should check this page periodically for changes. Your continued use of our online services or any of the other services described in this Privacy Notice following the posting of changes to this Privacy Notice will be considered your consent to those changes.
7. How Can You Contact Us?
to exercise any of your privacy rights, or if you have any questions or concerns regarding this privacy notice or the data processing practices outlined herein, including the manner in which we or our service providers treat your personal information, please contact us as follows:
- by email: email@example.com
- Customer Care: 866-999-5283
- by post: Tapestry Privacy Office; 10 Hudson Yards New York, NY 10001
A. Categories of cookies
some cookies are deleted when you close down your browser. these are known as session cookies. others remain on your device until they expire or you delete them from your cache. these are known as persistent cookies and these types enable us to remember things about you as a returning visitor. the main categories of cookies we use include:
- Strictly necessary cookies: these cookies are essential in order to enable you to move around the website and use its features, and ensuring the security of your online transactions with us and online access to our website. without these cookies, services you have asked for, such as completing a transaction, cannot be provided. these cookies don't gather information about you for the purposes of marketing.
- Performance cookies: these cookies allow us to count the number of visitors and collect information about how visitors use a web site, for instance which pages visitors go to most often, and if they get error messages from web pages. these cookies may collect the ip address of the device used to access the site. all information these cookies collect is used to improve how a website works and the user experience. by using our websites you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings (please see "how to manage your cookies" section below).
- Functionality cookies: these cookies allow us to recognize you when you return to our website and allows the website to remember choices you make (such as your user name). they may also be used to provide services you have requested such as watching a video. the information these cookies collect may include your IP address, but the cookie does not contain your name, address, account details, etc. and they do not track your browsing activity across other websites. by using our websites you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings (please see "how to manage your cookies" section below).
- First and third party cookies: whether a cookie is a first or third party cookie depends on which website the cookie comes from. first party cookies are those set by or on behalf of the website visited. all other cookies are third party cookies.
- Targeting/Marketing cookies: these cookies make marketing and advertising content more relevant to you. we or a third party advertising network that we work with may collect information relating to your browsing history and interests to deliver relevant advertising to you. the advertisement network partner may use marketing cookies, pixels or similar technologies to collect usage, navigational or other statistical data about your activities on our websites and mobile applications and other websites and apps (such as web pages you visit, ads you click on) and use this information to make predictions about your interests and provide you targeted advertising based upon your interests. these parties may also use this information to limit the number of times you see the same advertisement on our websites or mobile applications and to help measure the effectiveness of advertising campaigns. to learn more about your options and how to opt-out of interest-based advertising, please see "opting-out of interest-based advertising" under "how to manage your cookies?" below.
- Personalization cookies: cookies may also be used on our website to personalize your shopping experience and enable you to use certain function (such as "add to wishlist" or "save") to conduct internal testing on what works best for our customers.
- enable basic functioning of our website or to fix any technical issues through gathering relevant technical data;
- web analytics to improve our website (structure, features, accessibility and usability, content);
- enable certain basic functions of online browsing and shopping with us (for example, save information you generated or provided on our website such as preferred items, items placed in the cart, billing address to save time and effort when you next return to our website or shop with us);
- monitor the effectiveness of our online ads and marketing (by recording your interactions with our ads on third-party websites, our social media platforms or our marketing emails); and
- learn more about your preferences and internet browsing tastes to provide you with tailored advertising (you certainly don't want to hear from us about something you are not interested in).
C. How to manage your cookies?
The browsers of most computers, smartphones and other web-enabled devices are typically set up to accept cookies. If you wish to amend your cookie preferences for this website or any other websites, you can do this through your browser settings. Your browser's ‘help' function will tell you how to do this. If you do not want the benefit of cookies, there is a simple procedure to manually delete your cookies at http://www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html. please remember that cookies are often used to enable and improve certain functions on our website. If you choose to switch certain cookies off, it is likely to affect the user experience.
Opting-out of Interest-Based Advertising: For more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioral ads from participating third-party advertising companies, please visit the links below:
- network advertising initiative: http://www.NetworkAdvertising.org/choices/
- digital advertising alliance of US: http://www.aboutads.info/choices/
- digital advertising alliance of Canada: http://youradchoices.ca/choices
To successfully opt out, you must have cookies enabled in your web browser (see your browser's instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser's saved cookies, you will need to opt-out again.
A. Who and what information is subject to the CCPA?
The CCPA protects California residents as "consumers" with respect to their personal information, although a number of exceptions apply. As a result, the Supplemental CCPA Disclosures and relevant CCPA Rights subsections below may not apply when they restrict our ability to comply with a court order or regulator with competent authority, federal, state or local laws, investigations, cooperation with law enforcement, exercise of our legal claims, or collection or use of de-identified information.
B. Supplemental CCPA Disclosures
We have set out below the categories of personal information we have collected about California residents in the preceding 12 months and describe, for each category of personal information collected, the business or commercial purposes for which the information was collected. Each of the categories of personal information listed in the table are collected directly from consumers. Each of the categories of personal information in the table may also be shared with the following categories of third parties: (i) our Service providers and business partners, including those listed at Section 3 above (ii) Government entities as required by applicable law (iii) other recipients at your discretion or with your consent (iv) Third parties in the event of a proposed or actual business transaction involving all or any portion of our business. Additional information about sales of information can be found below the table.
Category of personal information:
We collected such personal information for the following purposes:
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
We may use this information for any of the purposes described in Section 2 above.
Categories of personal information described in subdivision (e) of Section 1798.80 of the California Civil Code, including name, signature, address, telephone number, and credit card number, debit card number, or any other financial information.
We use this information to process payment, fulfil your order, or process a return.
Characteristics of protected classifications under California or federal law; namely, gender and age.
We use this information to better understand our clientele, for example when joining our clienteling program, booking an in-store appointment or event, or signing up for a gift registry.
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
We use this information to fulfil your order, manage consumers’ online account with us, personalize and optimize consumers’ shopping experience with us (for example, letting you know when a favorite product is back in stock, recording certain information from past purchases which can be used in future purchases such as preferred address and favorite store locations), provide consumers with customer support.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
We may use this information for any of the purposes described in Section 2 above.
We may use this information to enable consumers to view nearby stores.
Audio, electronic, visual, or similar information.
We use audio, visual or similar information that you may voluntarily provide in connection with customer care inquiries or when you engage with our social media initiatives.
Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics and attitudes.
We use such information to personalize and optimize consumers’ shopping experience with us for example from joining our clienteling program or submitting survey responses you volunteer to share, enable consumers to use our "gift registry" or "wish list" features online, tailor our marketing efforts, and develop and improve our products and services.
Over the past 12 months, we also used the categories of personal information listed above as necessary to fulfil the General Processing Purposes described in Section 2 of this Notice above.
During the past 12 months, we shared certain categories of personal information about California residents with third parties and business partners in a manner that may constitute a "sale" under the CCPA, as described below:
- Online Promotions and Advertising: We work with one or more third parties to (i) administer and analyze effectiveness of advertising or promotional campaigns. These third parties may place cookies on individuals’ computers to receive information about traffic to our site, browsing and purchasing activity on our online services, and (ii) From time to time third parties may help us to provide a more tailored user experience. These third parties may collect information about individuals’ internet or other similar network activity and browsing patterns, IP address, page interaction (such as scrolling, clicks and mouseovers), and information obtained via cookies with these third parties (such as the site visited before or after), and may retain rights to use some of this information for their own purposes.
C. CCPA Rights
California residents have the following rights:
- Right to Opt-out of Sale: California residents have the right to opt-out of our "sales" of their personal information. To exercise this right, email us at firstname.lastname@example.org with "California Request to Opt-Out" in the subject line, or use the contact details in Section 7 of this Privacy Notice above.
In addition, to opt out from the sale of your personal information collected by targeting cookies,
update your cookie preferences by clicking the "Manage Cookies" link below, and toggle the button from "active" to "inactive". Please note that
when you opt out of targeting cookies, you may see less relevant ads on other sites.
- Right to Know: California residents have the right to request that we disclose what personal information we collect, use, disclose and sell about them specifically. To submit a request to exercise this right to know, please email us at email@example.com with "California Request to Know", or use the contact details in Section 7 of this Privacy Notice above. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
- Right to Delete: California residents have the right to request the deletion of personal information that we collect or maintain about them. To submit a request to delete personal information, please email us at firstname.lastname@example.org with "California Request to Delete" in the subject line, or use the contact details in Section 7 of this Privacy Notice above. Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA.
- Right Not to be Discriminated Against: You may not be discriminated against because you exercise any of your rights under the CCPA in violation of Cal. Civ. Code § 1798.125.
- Financial Incentives: From time to time we offer consumers who provide their email address, phone number and/or zip code to us for the purposes of receiving our marketing communications, free shipping, or sometimes a discount on an order. Consumers may opt in by entering their information when prompted upon first visiting our website. Consumers may opt out of marketing communications at any time by following the instructions in such communications. Consumers may also exercise their rights at any time by emailing email@example.com. The financial incentive is permitted under the CCPA because it is not discriminatory in nature—it does not deny consumers their rights under the CCPA or discriminate against consumers who may have exercised their rights under the CCPA.
You can designate an authorized agent to make a request under the CCPA on your behalf if:
- The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
- You sign a written declaration that you authorize the authorized agent to act on your behalf.
- Mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf to Coach Privacy Office; 10 Hudson Yards New York, NY 10001; and
- Provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue.
Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as
personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
D. Shine the Light Law
California residents are entitled once per year to request and obtain certain information regarding our disclosure, if any, of your personally identifiable information to third parties for their direct marketing purposes during the immediately prior calendar year. To make such a request, please send an email to firstname.lastname@example.org with your full name, email address, and postal address in your message. In response to your request, we will provide you with a notice describing the cost-free means to opt-out of our sharing your personally identifiable information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.
Our Commitment Against Counterfeiting
kate spade and its parent company Tapestry, Inc. care about the quality, workmanship and authenticity of every product we sell. Counterfeiting is illegal. Counterfeit products do not undergo inspection processes and often do not adhere to safety, health and wage regulations, including child labor and human rights laws. Counterfeiting has been linked to organized crime, child labor, and terrorism. Counterfeits can also harm the economy, including through lost revenues, jobs and taxes. It is estimated that counterfeiting costs the United States economy 250 to 500 billion dollars a year.
Our Brand Protection and Anti-Counterfeiting Efforts
To help protect our kate spade brand and consumers from counterfeits, we work with law enforcement and customs officials in the United States and around the world to stop the shipment and sale of counterfeit goods. We also monitor online and offline channels for counterfeit merchandise.
Authentic kate spade products are sold by kate spade retail and outlet stores and online at www.katespade.com, surprise.katespade.com or at authorized department stores and specialty stores. To find a store near you, visit https://www.katespade.com/stores.
We do not respond to requests to authenticate product or identify authorized distributors. Please note that if a deal or price sounds too good to be true, it probably is. We do not sell our products at flea markets, through street vendors, or in kiosks in malls.
Be wary of counterfeit websites which claim to be “official.” Websites offering counterfeit product often use misspellings of the actual word “kate spade” in the URL. They may also imitate the layout and overall appearance of katespade.com. These websites may also appear on search engine results. A few examples are: Auction websites may have counterfeit goods available for purchase despite language on the product’s listing claiming that it is “authentic.”
You can report infringing and counterfeit listings through our counterfeit reporting form, which you can access here. You can also make a report by calling our counterfeit hotline: 1-833-768-1778. We work to combat the unauthorized production and sale of counterfeit kate spade merchandise, and appreciate any information you could share to assist us in our efforts. Please provide as much information as possible, including, for example, the location of the merchandise and the type and number of products being offered for sale. Providing as much information is helpful to our anti-counterfeiting efforts.