Welcome to the Gap Inc. Web sites (the “Sites“). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the “Agreement“).
Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Gap Inc. GAP, GAPKIDS, BABYGAP, BANANA REPUBLIC, OLD NAVY, PIPERLIME, and other trademarks appearing on the Sites are the trademarks of Gap Inc. and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Gap Inc.’s products and services available in select countries throughout the world. The Sites are controlled and operated by Gap Inc. from its offices in San Francisco, California, USA. One or more patents may apply to the Sites, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
User comments, feedback, and other submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Gap Inc., whether online, by email, by postal mail, or otherwise (“Comments”) shall be and remain Gap Inc.’s property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Gap Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Gap Inc. shall not be limited in any way in its use, commercial or otherwise, of any Comments. Gap Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Gap Inc. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Gap Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Gap Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Many products displayed on the Sites are available in select Gap, Banana Republic, or Old Navy stores in the United States and/or select foreign markets. Certain products may be available only in certain markets or in limited quantities.
Errors, inaccuracies, and omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice.
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Links to other web sites and services
The Sites may contain links to other Web sites that are not under the control of Gap Inc.. Gap Inc. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users.
The materials on the Sites are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Gap Inc. expressly disclaims any duty to update or revise the materials on the Sites, although Gap Inc. may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Gap Inc. shall not be liable for any damages of any kind related to your use of the Sites.
You agree to defend, indemnify and hold Gap Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Choice of law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Francisco and/or the Northern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Gap Inc.’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or Gap Inc. You may terminate this Agreement at any time with notice. Gap Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Notice and procedure for making claims of copyright infringement
Gap Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gap Inc.’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
Gap Inc.’s Copyright Agent for notice of claims of copyright infringement on the Gap Inc. Sites can be reached as follows:
Legal Department – Brand Services
2 Folsom Street, 13th Floor
San Francisco, CA 94105
ATTN: DMCA Copyright Agent
Please note that this procedure is exclusively for notifying Gap Inc., its subsidiaries and affiliates that your copyrighted material has been infringed.