MOBILE APP TERMS

Overview:

The terms and conditions below ("TOS") govern your access to and use of Express mobile applications and the products and services that can be obtained through the mobile applications (each individual application referred to as "Application").  PLEASE BE AWARE THAT SOME SERVICES PROVIDED THROUGH THE EXPRESS MOBILE APPLICATIONS WILL REQUIRE THE USE OF THE GPS ON YOUR MOBILE DEVICE.  YOU MAY ELECT NOT TO ALLOW THIS LOCATION SERVICE BY SETTING YOUR I-PHONE IN "AIRPLANE MODE" OR TURNING OFF LOCATION SERVICES ON YOUR I-PHONE.  BY USING THE SERVICES THAT MAKE USE OF THE GPS ON YOUR MOBILE DEVICE, YOU ACKNOWLEDGE AND ALLOW EXPRESS TO COLLECT, STORE AND USE YOUR LOCATION DATA TO PROVIDE SERVICES THROUGH THE MOBILE APPLICATION AS SET OUT IN THE EXPRESS MOBILE PRIVACY POLICY.  It may also be possible to manually select a location and, if so, the application will then not make use of the GPS on your mobile device.

By downloading and using an Express mobile application, you agree to be bound by TOS, as they may be modified at any time.  We will indicate at the top the date of the revised TOS, so you should revisit these TOS on a regular basis as the revised terms will be binding if you continue to use the Express mobile application. Express also reserves the right to change, suspend, or discontinue all or any aspects of the Application at any time.

In the event of a violation of these TOS, we reserve the right to terminate the authorization, rights and license given in these TOS at any time and without notice, thus, terminating your use of the Application and to seek all remedies available by law and in equity. Unless otherwise indicated, all content in the Express mobile applications (including without limitation, all text, photographs, images, music, graphics, video and audio, and similar materials collectively, "Materials?" is the exclusive property of Express, LLC and are protected by copyright, trademark, trade dress and other laws.

Scope of Application

This Application is intended to allow a user to access and share product and promotional information provided by Express. This Application may be hosted by a third party under contract with Express who will have access to information you provide through this Application.

Intended for Users Over 18

This Application is intended for use by those individuals who are 18 years of age or older. 

Limited License:

The Materials are protected by copyright laws and other U.S. and international laws and treaties. The software supporting the Express mobile applications is owned by a third party from whom Express has received the necessary licensing ("Software").  All Materials and Software are provided or made available by Express as a service to its current and prospective customers and the users of the mobile applications and may be used only for personal informational purposes. Provided you comply with these TOS, Express grants you a personal, limited, non-exclusive and non-transferable license to install and use the Express mobile applications on a single, authorized computing device for personal purposes. Beyond this limited license, no right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Express mobile application or any of its Materials without our express prior written permission; (b) you may not access or use the Express mobile application for any competitive or commercial purpose; and (c) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Express may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Express or its third party Software provider, as applicable.

Trademarks:

Express retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Express and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these TOS or by your use of the Application. The use of our trademarks trade names, brand names and trade dress in metatag keywords or in search engine tags or links is trademark infringement, and the use in metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Express will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

User Submissions:

The Application may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Express does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them through the Application. By submitting User Submissions, you hereby grant to Express an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Express shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Express does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein.  Express reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these TOS, including without limitation, the Prohibited Uses of Application and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

In connection with User Submissions, you affirm, represent, and warrant to Express that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Express as set forth in the license granted above; (iii) use of your User Submission(s) through the Application or otherwise by Express, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Express to utilize the User Submission(s) without compensation or objection.  For clarity, Express obtains the license above, but does not claim ownership of your User Submissions.

Prohibited Uses of Application

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that:

(a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer;

(b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;

(c) contain chain letters or pyramid schemes;

(d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;

(e) impersonate any person, business or entity, including our company and our employees and agents;

(f) encourage conduct that would constitute a criminal offense;

(g) give rise to civil liability;

(h) otherwise violate any law; or

(i) in doing so, amounts to any conduct that, in the judgment of Express, restricts, impairs, interferes or inhibits any other user from using or enjoying the Application and/or our related services and products.

Our Products:

All features, specifications, products and prices of products and services described through any Express mobile application Website are subject to change at any time without notice.  We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.  Prices on the Application reflect current prices as listed on express.com.  Pricing on the Application is not applicable for use in Puerto Rico or outside of the United States. Express is not responsible for typographical or pricing errors on this Application.  Errors will be corrected where discovered, and Express reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions.

The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time. 

Notice of Copyright Infringement:

Express may remove any Materials if properly informed that any such Materials infringe on another's copyright rights. Express will terminate a user's ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.

If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Express by providing the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

2. Identification of the location where the original or an authorized copy of the copyrighted work exists;

3. Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Express to locate the same;

4. Information reasonably sufficient to permit Express to contact you, such as an address, telephone number, and, if available, an email address;

5. A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows: Director of Legal, Express, LLC, 1 Limited Parkway, Columbus, Ohio 43230

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Links to Third-Party Sites

The Express mobile applications may contain links to third party sites.  These links are provided for your convenience.  Express does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about the third party site or its content.  A link to a third party site on an Express mobile application does not constitute sponsorship, endorsement, approval or responsibility for the third party site. 

Comments:

All comments, feedback, suggestions, ideas, and other communications (collectively, "Comments") submitted or offered to Express in connection with your use of any Express mobile application shall be and remain property of Express and   Express will be free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to us for any purpose whatsoever.

Disclaimer:

THIS APPLICATION AND ALL CONTENT ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Application, that your use is at your sole risk.  Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

Limitation of Liability:

IN NO EVENT WILL EXPRESS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE EXPRESS MOBILE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF EXPRESS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you; however, the liability of Express shall be limited to the greatest extent permitted by law.

Jurisdiction:

No implication is made that the materials published on this Web Site are appropriate for use outside of the United States.  If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Express controls this Web Site from its offices within the State of Ohio. The terms and conditions of this Website shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.

© 2010 Express, Inc. All Rights Reserved.