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TERMS OF USE (TOU)

Go to User Generated Content Terms of Use

(Effective as of 22ND OCTOBER 2013)

IMPORTANT - this is a legal agreement between you ("You") and Luxottica USA LLC S.p.A. and its subsidiaries and affiliates (collectively, "Luxottica," "We" or "Us"), as owner of ray-ban.com (the "website"). You should read carefully the following terms of use ("TOU") as they govern your use of the website. These TOU are subject to change without prior written notice at any time, in Luxottica's sole discretion. By using the website, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of this website is expressly conditioned upon your agreement to these TOU, as well as our terms of sale, returns policy, warranty policy and privacy policy ("Additional Policies").

  1. LICENSE GRANT. Luxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.
  2. USER REPRESENTATIONS. By accessing or using the Website, You represent that You are at least eighteen (18) years old. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the Website. Furthermore, You acknowledge and agree that this Website is directed at users in the U.S. only (and ships product to U.S. only).
  3. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. RAY-BAN, the Ray-Ban logo(s), and all other names, logos, and icons identifying Ray-Ban and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.
  4. CONTENT SUBMITTED BY YOU. From time to time We may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, We welcome your comments on our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Luxottica ("User-Posted Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Posted Content, You grant Luxottica a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Submitted Content, such that Luxottica shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, You represent and warrant that You hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.
  5. RESTRICTIONS. You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Website is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
  6. PRIVACY POLICY. Please review Luxottica's Privacy Policy found at http://www.ray-ban.com/StoreToken:CatalogToken:LocaleToken/privacy-policy for a summary of Luxottica's personally identifiable information collection and use practices.
  7. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, and/or (ii) disable any access to the Website.
  8. LINKS TO OTHER SITES. The Website may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
  9. WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY EXPRESS WARRANTIES INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.
  10. LIMITATION OF LIABILITY. IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
  11. INDEMNITY. By using this application, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Website; (ii) any User-Posted Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.
  12. ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Luxottica, such injury would not be quantifiable in monetary damages, and Luxottica would not have an adequate remedy at law. You therefore agree that Luxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
  13. TERM AND TERMINATION. This TOU will take effect at the time You begin using the Website. This TOUTOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOUTOU at any time by ceasing all use of the Website. Sections 3, 4, 7, 89, 10, 11, 12, 14, 15and this sentence of this Section 13, will survive the termination of this TOU for any reason.
  14. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
  15. JURISDICTION AND APPLICABLE LAW. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of New York within New York County.
  16. INDEPENDENT PARTY. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of this TOU or your utilization of the Website.
  17. ENTIRE AGREEMENT. This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Luxottica with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Website.
  18. NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.
  19. HEADINGS. Headings are for convenience only.

USER GENERATED CONTENT TERMS OF USE


By accepting to have your picture, and, at Luxottica’s sole discretion. your caption associated with such picture(“Content”) posted on the Ray-Ban website, or any other Ray-Ban platform (collectively, “Ray-Ban Platforms”), you agree to be bound by these terms of use ("Terms of Use"). The Ray-Ban Platforms are provided by Luxottica USA LLC and or its subsidiaries and affiliates (collectively, "Luxottica" "We" or "Us").These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, you should not accept to have your Content posted on any Ray-Ban Platforms.

  1. You must be at least 13 years old.
  2. You are solely responsible for the Content.
  3. Content may not be confidential, violent, discriminatory, unlawful, infringing, hateful, bully, abusive, harassing, threatening, obscene, pornographic or sexually suggestive.
  4. Luxottica does not claim ownership of the Content. Instead, you hereby grant to Luxottica, and its affiliates, subsidiaries, successors, licensees, and assigns (collectively, “Luxottica Parties”), a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content. Luxottica will have no obligation to display the Content. Luxottica reserves the right to display your picture without your caption.
  5. You represent and warrant that: (i) you own the Content or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;(iii) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  6. Luxottica is not responsible for, and does not endorse, the Content. Luxottica does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. Luxottica will not be liable for any use or disclosure of the Content.
  7. Luxottica reserves the right, in its sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that Luxottica may notify you of the Updated Terms by posting them on any Ray-Ban Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  8. You agree to defend (at Luxottica's request), indemnify and hold the Luxottica Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following: (i) your Content; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You will cooperate as fully required by Luxottica in the defense of any claim. Luxottica reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Luxottica.
  9. You agree that any claim you may have arising out of or related to your relationship with Luxottica must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
  10. These Terms of Use are governed by and construed in accordance with the laws of the State of Ne York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
  11. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Luxottica's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Luxottica reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Luxottica.
  12. These Terms of Use constitute the entire agreement between you and Luxottica regarding the use of the Content, superseding any prior agreements between you and Luxottica. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Luxottica. Any purported assignment or delegation by you without the appropriate prior written consent of Luxottica will be null and void. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
  13. The effective date of these Terms of Use is 06/28/2016. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.
 

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You can cancel this order within one hour after purchase online.Call us on (866)4RAYBAN (866-472-9226) if you have an issue with your order.

HOW TO CANCEL YOUR ORDER

After ordering your Ray-Ban product(s), you will be able to cancel your order directly from site within 1 hour of your purchase. After this time frame you can cancel your order by calling Ray-Ban Customer Care on (866)4RAYBAN (866-472-9226).

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