Terms & Conditions
(the “Site”). Your use of the Site constitutes your agreement to these terms. Aden
& Anais, Inc. (“aden + anais”), reserves the right to revise these terms and conditions.
We will post any changes here as they are made. Because your use of the Site following
any changes constitutes your agreement to be bound by any changes, you may wish
to check this section periodically.
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, and written and other materials that appear as
part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade
dress and/or other intellectual properties owned, controlled or licensed by aden
+ anais. The Site as a whole is protected by copyright and trade dress and all worldwide
rights, titles and interests in and to the Site are owned by aden + anais. All other
aden + anais trademarks appearing on this Site are trademarks of aden + anais.
The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial
(other than for the purchase of merchandise from the Site) use by the users of the
Site. You may download or copy the Contents and other downloadable materials displayed
on the Site only for your personal use. No right, title or interest in any downloaded
materials or software is given 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 participate in any sale of, or exploit
in any way, in whole or in part, any of the Contents, the Site, or any related software.
aden + anais products displayed on the Site are available in select stores in
the United States and select foreign markets while supplies last. In some cases,
merchandise displayed for sale on the Site may not be available in all stores. The
prices displayed on the Site are quoted in U.S. Dollars and are valid and effective
only in the United States for purchases made through the Site.
No rights in the design of aden + anais’ products, or designs incorporated in
such products, shall pass to you except as an integral part of products purchased
by you. You agree not to copy or reproduce, or cause to be copied or reproduced,
either directly or indirectly, aden + anais’ products, product designs, designs
incorporated in such products, or product packaging. This Design Protection provision
shall survive termination of this Agreement.
We have made every effort to display the colors of our products that appear
on the Site as accurately as possible. Because the actual colors you see will depend
on your monitor, we cannot guarantee that your monitor’s display of any color will
Comments and Submissions
All comments, feedback, suggestions, ideas, and other submissions offered or
submitted to aden + anais in connection with your use of this Site (collectively,
“Comments”) shall be aden + anais’ property. Such offer or submission of any Comments
constitutes an assignment to aden + anais of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments. aden + anais
is under no obligation to: (1) maintain any Comments in confidence; (2) pay you
any compensation for any Comments; or (3) respond to any Comments.
You agree that Comments submitted by you will not violate any right of any third
party, including copyright, trademark, privacy or other personal or proprietary
right(s). You further agree that Comments submitted by you will not be or contain
libelous or otherwise unlawful, abusive or obscene material. You are and shall remain
solely responsible for the content of any Comments you make.
You agree that aden + anais may use and/or disclose information consistent with
You agree to defend, indemnify and hold aden + anais harmless from and against
any and all claims, damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site.
Links to Other Web Sites
To the extent that this Site contains links to services and resources not within
aden + anais’s control (“Third-Party Sources”), any claims or concerns regarding
any Third-Party Sources, or any link thereto, should be directed to the particular
Third-Party Source. You agree that aden + anais shall not be liable to you for your
use of any Third-Party Sources.
IN NO EVENT SHALL ADEN + ANAIS OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS
BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, EVEN IF ADEN + ANAIS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE
EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
From time to time there may be information on this Site that contains typographical
errors, inaccuracies, or omissions that may relate to product descriptions, pricing,
and availability. We reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior notice (including
after you have submitted your order). We apologize for any inconvenience this may
Unless otherwise specified and except to the extent aden + anais products are
offered for sale in the United States through this Site, this Site and its Contents
are displayed solely for the purpose of promoting aden + anais’s products available
in the United States and select foreign markets. This Site is controlled and operated
by aden + anais from its offices in Brooklyn, New York.
Choice of Law and Venue
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of New York, without giving effect to any conflict of law
provisions. Any dispute arising under this Agreement shall be resolved exclusively
by an appropriate federal or state court sitting in the State of New York, county
Third-party trademarks, trade names, product names and logos, contained in this
website may be the trademarks or registered trademarks of their respective owners.
Notices for Reporting and Making Claims of Copyright Infringement
aden + anais will investigate notices of copyright infringement and take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United States Code,
Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed
copyright infringement must be submitted to the following designated agent for this
Phillips Nizer, LLP
666 Fifth Avenue
New York, New York 10103
VIA FACSIMILE: (212) 262-5152
VIA EMAIL: firstname.lastname@example.org
Please send any concerns regarding our products or services to
This Agreement is effective unless and until terminated by either you or aden +
anais. You may terminate this Agreement at any time after which time you agree that
you shall not access the Site. aden + anais may terminate this Agreement at any
time, may do so immediately, without notice, and may deny you access to the Site.