Terms of Service
LEGAL NOTICE/DISCLAIMER: USING OUR WEB SITE AND OTHER IMPORTANT INFORMATION
Welcome to the Private Island Web Site. We hope you find it useful and enjoy your visits here. In order to provide the best web site we can, we need to establish some ground rules for our visitors here.
By accessing the materials on this web site, you agree as follows:
1. OWNERSHIP/RIGHTS TO USE. You acknowledge that Private Island, its affiliates or those from whom it may have received rights to publish material are the owners of all rights in the material contained in this site under the copyright laws of all applicable jurisdictions. You may not distribute copies of the materials for any purpose, republish them, or "frame" them in any site you create or operate. You are free to download them for non-commercial purposes, to store them temporarily on a single computer, and to print such materials solely for your own personal purposes and not for delivery to any other person.
2. DISCLAIMER. Private Island has compiled the information on this site for the use of the general public, prospective clients, and advertising professionals; however, all information is subject to change without notice and is without warranty. This site may contain links to other sites or may frame material from other sites. Such material has been created by or for the respective owners of those sites and is not under our control. Private Island has not undertaken to verify the truth or accuracy of any such material and makes no representation or warranty with respect to the links or the contents thereof.
3. THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR THE ACCURACY OR RELIABILITY OF INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
4. NO DAMAGES. Private Island SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND CAUSED BY ANY ERROR, OMISSION, DELAY, COMPUTER VIRUS, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE RELATING TO THIS SITE OR ANY OTHER SITE.
5. E-MAIL TO Private Island. By sending e-mail, information or material to us or posting questions, comments, and suggestions in our e-mail area or electronic bulletin board, you grant us the right to use, copy, distribute and otherwise exploit in any way, the entire contents of your transmission in any fashion we see fit. You warrant to us that any such material does not infringe any laws or the rights of any person(s) under copyright, trade secret, trademark, defamation or any other laws. We reserve the right, in our sole discretion, to edit or delete any transmissions or postings, for any reason or no reason.
7. MISCELLANEOUS TERMS. We reserve the right to change these terms and conditions at any time without notice by posting a new or revised set on this web site. Any disputes arising out your use of this site or these terms and conditions shall be governed and controlled under the laws of the State of New York and determined only in the courts of Orange County, New York.
8. MAP POLICY. "MAP" The term is defined as Minimum Advertised Price.
Private Island Entertainment LLC, is committed to working with retailers and distributors to develop its brands as representing high quality, fashionable, silly and fun related and sexy apparel. In an industry with fierce inter-brand competition, Private Island relies on its resellers to distinguish its products through advertising, in store displays, dedicated web pages, and other types of promotions.
Private Island recognizes that its resellers cannot provide a high level of customer service and support for the company’s products without investment and commitment to the brand. Private Island has, therefore, adopted the following Minimum Advertised Price Policy.
A. Minimum Advertised Price. Private Island has established a unilateral policy that itsproducts must be advertised for sale at a price equal to or greater than two times Private Island’s Wholesale List Price. The resale price may be discounted by up to 5 cents to avoid round numbers, so that a product that has a Wholesale List Price of $10 would have a minimum advertised price of $19.95. This policy applies to any and all forms of advertising to the general public including, without limitation, print ads, mailings, catalogs, displays, commercials, and websites. Effectively lowering the advertised price below MAP by coupons, rebates, product giveaways, name-your-price, and other advertised discounting methods is a violation of this policy.
B. Wholesale List Price. For purposes of this policy, the Wholesale List Price is Private Island’s official published list price at the time a product is sold to a consumer, not at the time it is first bought by a reseller from Private Island. The Wholesale List Price is the printed price, without any discounts. Trade discounts or other promotions should not be considered in computing the Minimum
C. Closeouts/Seasonal. This Policy does not apply to products that Private Island has identified as discount or closeout items, either by designating them as such in its online ordering system or by listing them on a published closeout list. Private Island also recognizes that some customers reduce pricing to clear out seasonal inventory. Accordingly, From November 1st until the following March 31st each year, Halloween items may be advertised at any reasonable price without violating this policy.
D. Violations. Nothing in this policy shall constitute an agreement with Private Island. Compliance is entirely discretionary. Advertisement of a product at a price below MAP is a violation of this policy. If Private Island, in its sole discretion, determines that this policy has been violated, it may unilaterally reduce or terminate benefits it provides to the violator including, without limitation, discounts, promotions, and advertising credits.
9. IMAGE RELEASE. By reading through these terms and conditions and/or making a purchase on the site to resell, whether you are a retailer, wholesaler or distributor, or whereby you make a purchase for reselling, thoughout the universe and in perpetuity, you consent to our Image Release which states the following ,that you do not use our products :
In any unlawful manner, including use which defames another person or is obscene, or in any way that denigrates Private Island, its trademarks or products.
In any way suggests an association between Private Island and any other company.
In consumer magazines or advertising without prior consent of Private Island.
This image release is irrevocable by the terms goverened in our Terms of Service.
OTHER IMPORTANT INFORMATION:
TRADEMARKS AND SERVICE MARKS. All logos and images created by Private Island in use in any web site created by Private Island.
No service marks or trademarks of Private Island may be used in advertising or publicity without the prior written consent of Private Island.