TERMS AND CONDITIONS OF Levi’s® Website

(“LSHK”, “we” or “us”)’s website and related services are made available to you in accordance with the following terms and conditions of use.

1. Terms and Conditions of Use

The Terms and Conditions of Use apply to all online visitors to www.levi.com.hk (“Our Website” or the “Website”).If you have any questions regarding the Terms and Conditions of Use, please contact us here.

We also have a Privacy Policy (“Privacy Policy”) and may have other terms, legal notices and conditions applicable to various activities on Our Website, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of Our Website (e.g., contests, promotions or other similar features), all of the foregoing are incorporated herein by reference, and shall, together with the Terms and Conditions of Use be a contractual agreement (“Terms”) between LSHK and you.

You must accept the Terms, in full, before using Our Website. You can accept the Terms in two ways:

1. By clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on or from Our Website, and

2. By actually using Our Website.

By using our website, you agree to the terms, in full. if you do not agree to the terms, do not use any of our website. except as otherwise provided, the terms are subject to change at any time without notice and your continued use of our website after any change(s) have been implemented constitutes acceptance by you of such change(s).

2. Privacy Policy

The Privacy Policy applies to the use of Our Website, and its terms are made a part of the Terms by this reference. To view the Privacy Policy, click here.

3. Ownership of Website, Content and Trademarks

Our Website is owned and controlled by LSHK, and unless otherwise agreed in writing, all materials on Our Website, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by LSHK or its licensors.

The Website and Content are intended solely for your personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Website for your personal non-commercial use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted in the Terms), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the Website for any public or commercial purpose.

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Levi Strauss & Co. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on Our Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website (except as noted in the Terms).

4. Your Use of Our Website

You may use Our Website only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from Hong Kong.

Subject to the above, you may use Our Website for the purposes of viewing Levi’s® products, viewing or downloading information about LSHK and Levi’s® brand, or viewing or participating in online forums, uploading and downloading user-generated content, and sharing such content with other registered users, and may use any other features and services purposely provided by us on the Website.

You agree not to gain or attempt to gain unauthorized access to any portion or feature of Our Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, “password¬ mining” or using any other illegitimate method of accessing data.

You agree not to probe, scan or test the vulnerability of Our Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to reverse look¬up, trace or seek to trace any information on any other visitor to the Website, or any other customer of LSHK, including any shopping account or Go Forth account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to personal data (as defined under applicable law) or other information that could reasonably be used to connect non-personal data to personal data.

You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.

You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Website or any transaction occurring on the Website, or with any other person’s use of the Website.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.

5. User Communications and User Content

While we appreciate your suggestions and comments on how to improve Our Website, products and services, it is LSHK’s policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g., through a contest or promotional event). Our intent is to avoid any misunderstanding in the event that a creative endeavour we commence bears some resemblance to a creative suggestion made by a customer or visitor to Our Website. Thus, apart from Personal Data collected on or from Our Website, which is subject to LSHK’s Privacy Policy (see Section 2 above), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to any Website (a “User Communication”) is and will be considered non-confidential and non-proprietary.

You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that LSHK shall be under no obligation (1) to maintain any User Communication in confidence; (2) to pay compensation for any User Communication; or (3) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable (for example, see Sections 5 and 6 below).

You represent and warrant that any Content you submit in User Communication is original to you, that you own all applicable legal rights in the Content, and that the Content does not and will not infringe upon the rights of any other person or entity. You warrant, certify and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states or countries of residence, subject to the next paragraph; and you grant to LSHK the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states or countries of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.

As set forth in more detail in the User-Generated Content Rules in Section 6 below, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any applicable law.

6. User-Generated Content Rules

If you post information on Our Website, you are responsible for each User Communication that you post on the Website or transmit to other users and agree that you will not hold LSHK responsible or liable for any User Communication from another user that you access on the Website, subject always to paragraph 4 of Section 12. Moreover, LSHK reserves the right to delete any User Communication from Our Website.

Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe:

1. Is defamatory, abusive, obscene, profane or offensive; or
2. Infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website), including any party’s right of publicity or right of privacy; or
3. Violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or
4. Is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or
5. Promotes or encourages violence against a person or damage or destruction of property; or
6. Is inaccurate, false or misleading in any way; or
7. Is illegal or promotes any illegal activities; or
8. Promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
9. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
10. Contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You understand that when using Our Website, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

You agree not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website. We reserve the right to take measures to prevent any such activity. You may not resell use of, or access to, the Website to any third party.

If you become aware of any violation of this Section 6 or other unacceptable behaviour by any user, you should report such activity to LSHK by mbxcseshop@levi.com.

7. Copyright and Trademark Law

We are committed to complying with intellectual property and related laws, and we require all users of Our Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, or is likely to give rise to any passing-off action, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the intellectual property rights of others upon receipt of proper notification to us by the intellectual property right owner or such owner’s legal agent.

Infringement Notification

If you believe that your work has been copied and posted on Our Website in a way that constitutes intellectual property right, including copyright, infringement, please provide our designated agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• Identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and, if possible, email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• A statutory declaration by you that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. The foregoing information (“IP Notice”) should be sent to us at:

Levi Strauss (Hong Kong) Limited
Attn: General Manager
22/F, Standard Chartered Tower, Millennium City 1, 388 Kwun Tong Road, Kwun
Tong, Kowloon, Hong Kong
Email: LSHKCRM@levi.com

Counter-Notice

If your work has been removed due to an IP Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“IP Counter-Notice”) to us (contact information above) containing the following information:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you submit to the jurisdiction of the court in Hong Kong and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If an IP Counter-Notice is received by us, LSHK may send a copy of the IP Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the alleged copyright owner brings an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the IP Counter-Notice, at LSHK’s sole discretion.

8. Accounts, Passwords and Security

Certain features or services offered on or through Our Website may require you to open an account (including setting up an Account ID and password) and to share Personal Data. Apart from the representations made in our Privacy Policy(see Section 2 above) regarding our protection of your information, you are responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account.

You agree to notify LSHK immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by LSHK or any other user of or visitor to Our Website due to someone else using your Account ID, password or account.

You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. Subject always to paragraph 4 of Section 12, LSHK shall not be liable for any loss or damage arising from your failure to comply with these obligations.

9. Products and Sales

Product Descriptions

In describing and portraying our products on Our Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Content of the Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. You may contact our Consumer Relations team at 2412-8000 for details.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at Our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.

10. Links to Our Website; Third Party Links on Our Website

From time to time, the Website may contain links to other websites that are not owned, operated or controlled by LSHK. All such links are provided solely as a convenience to you. If you use these links, you will leave Our Website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by LSHK.

11. Change in Website and Contents

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue Our Website or any service, content, feature or product offered through Our Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to Our Website, subject always to paragraph 4 of Section 12.

13. Governing Law; Severability; Waiver; Dispute Resolution

It is your responsibility to ascertain and obey all applicable local and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of Our Website. The Terms shall be governed by and construed in accordance with the laws of Hong Kong, and any dispute arising out of, or relating to, with the Terms or the use of Our Website shall be subject to the exclusive jurisdiction of the Hong Kong courts.

If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.

If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.

Any claim arising out of, or relating to, the Terms must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between LSHK and you arising out of or in connection with the Terms or your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of Hong Kong.

14. Additional Assistance

If you have any questions or concerns about the Terms, please send an email to mbxcseshop@levi.com; or write to us at: Levi Strauss (Hong Kong) Limited, Attn: General Manager, 22/F, Standard Chartered Tower, Millennium City 1, 388 Kwun Tong Road, Kwun Tong, Kowloon, Hong Kong.

Please be assured that any Personal Data that you provide in communications regarding your questions or concerns about the Terms to the above email, telephone number and postal address will not be used to send you promotional materials

In case of discrepancies between the English and Chinese versions of the Terms and Conditions, the English version shall prevail.