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.
