Services & Policies » Terms & Conditions

Website Terms and Conditions

Important Legal Information

Overview

The following rules and regulations apply to all visitors to or users of the Tootsie Shoppe Web Site, the home page of which is at www.TootsieShoppe.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Tootsie Shoppe at any time and posted on this Web site. In the event of a violation of these rules and regulations, Tootsie Shoppe reserves the right to seek all remedies available by law and in equity.

Limited License:

Tootsie Shoppe Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials” ) are protected by copyright laws and other Canadian and international laws and treaties. All Materials are provided by Tootsie Shoppe as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. 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:

1. you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission;
2. you may not access or use the Tootsie Shoppe Web Site for any competitive or commercial purpose; and
3. you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Tootsie Shoppe may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Tootsie Shoppe

Trademarks:

Tootsie Shoppe 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 Tootsie Shoppe and are protected by Canadian and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Tootsie Shoppe Web Site. Your misuse of the trademarks displayed on the Tootsie Shoppe Web Site is strictly prohibited. You are also advised that Tootsie Shoppe will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Mobile Website:

Tootsie Shoppe also makes its website available in a mobile friendly format that is more accessible for mobile connectivity – our “Mobile Site”. All mobile phones that have Internet access can make use of the mobile format. Users with mobile phones that have this access also have the option to view the full html site that is available on your PC. You should be aware that some of the special pricing and promotions offered on the full html site may not show up on the Mobile Site. However, you can use the Mobile Site to take advantage of our special pricing and promotions that you view on the full html site or that you receive in an email offering from us, by using the code specified on the full html website or in the email when you are on the Mobile Site.

Patent Pending:

One or more patents pending may apply to this website, including without limitation U.S. patent application nos. 12/228,844

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Tootsie Shoppe Web Site. None of such links should be deemed to imply that Tootsie Shoppe endorses the Third Party Sites or any content therein.

Tootsie Shoppe does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Tootsie Shoppe will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Special Notice:

Tootsie Shoppe has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Tootsie Shoppe web page is prohibited absent express written permission from Tootsie Shoppe. Framing, inline linking or other association of the Tootsie Shoppe Web site or its Materials with links, advertisements and/or other information not originating from the Tootsie Shoppe web site is expressly prohibited.

Disclaimer of Warranty:

Access to Tootsie Shoppe Web Site is provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Tootsie Shoppe reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction:

Tootsie Shoppe controls this Web Site from its offices within the Province of Ontario. Tootsie Shoppe does not imply that the materials published on this Web Site are appropriate for use outside of Canada. If you access this Web Site from outside of Canada, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the province of Ontario, without giving effect to its conflict of laws provisions.

Your Communications:

Tootsie Shoppe shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques (“User Submissions”) contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited 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 or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. 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, Tootsie Shoppe 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 on VictoriasSecret.com if we choose to publish them once submitted. Tootsie Shoppe reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Website Terms, Conditions and Notices, including without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

Prohibited Uses of Website and Services:

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

1. contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
2. 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;
3. contain chain letters or pyramid schemes;
4. contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
5. impersonate any person, business or entity, including our company and our employees and agents;
6. encourage conduct that would constitute a criminal offense;
7. give rise to civil liability;
8. otherwise violate any law; or
9. in doing so, amounts to any conduct that, in the judgment of Tootsie Shoppe, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.

Limitation of Liability:

IN NO EVENT WILL TOOTSIE SHOPPE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES 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 TOOTSIE SHOPPE 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.

Revisions:

Tootsie Shoppe may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Tootsie Shoppe also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Tootsie Shoppe may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

Notice for Copyright Infringement:

Tootsie Shoppe does not permit copyright infringing activities on this Web site. Tootsie Shoppe may remove any content of any kind that a user posts to this Web Site (“User Communications”), e.g., if properly informed that the User Communications infringe another’s copyright rights. Tootsie Shoppe may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify Tootsie Shoppe 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 User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Tootsie Shoppe to locate the same;
4. Information reasonably sufficient to permit Tootsie Shoppe 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 User Communication(s) or material 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.

If you fail to comply with all of the requirements above, your notice may not be valid.