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Website Terms of Use

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Introduction
Welcome to the Torrid website, located at http://www.torrid.com (the "Site"). These Terms of Service and Conditions of Use ("Terms of Use") apply to use of the Site. Your use of the Site means that you agree to these Terms of Use and constitutes a binding agreement between you and Torrid. Do not use the Site if you do not agree to these Terms of Use in their entirety. References in these Terms of Use or in the Site's Privacy Policy to "Torrid," we," "us" or "our" mean Hot Topic, Inc. Torrid is a business of Hot Topic, Inc.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use (including Torrid's Privacy Policy for the Site, incorporated herein by reference) constitutes your acceptance of any changes.

You must be 13 or older in order to become a member of our Site or register in any manner that requests personally identifiable information. See our Privacy Policy for the Site for more details about our collection and use of personally identifiable information.

Merchandise and Purchases
Please keep in mind that while we might offer a variety of merchandise for sale on the Site, we cannot guarantee availability at a particular time; and certain merchandise available in our stores might not be available on the Site, and vice versa. We reserve the right to change our merchandise offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the Site from time to time in our discretion.

Except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment, prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, and (iv) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Purchase transactions are subject to our company returns policies as they may be in effect from time to time; otherwise, all charges from sales are nonrefundable, and all merchandise purchases are final. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because purchases on the Site require a valid credit card, only persons over 12 are placing orders for gift cards, and providing us with the information requested during the gift card order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.

Intellectual Property
The Site contains copyrighted material and other information proprietary to Torrid, its licensees and licensors, and other third parties. Except as otherwise permitted by law, you may not copy, modify, publish, distribute or otherwise exploit any content (including, but not limited to, text, logos, trademarks, trade names, service marks, images, graphics, photographs, video recordings, music, media, or software) on the Site (collectively, the "Content") without the express consent of Torrid and any other relevant rights owner, except that you may download Content for your personal non-commercial use only, so long as you keep intact all of the copyright and other proprietary notices. The Site as a whole, and the arrangement of Content thereon, is copyrighted and owned by Torrid, and Torrid reserves all rights not expressly granted hereunder.

We take intellectual property rights seriously, and work hard to protect not only our own intellectual property rights, but also the intellectual property and similar rights of artists and others. If you believe that your copyright-protected work has been copied and posted on the Site constituting copyright infringement, you may provide our Internet Administrator with: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Here is the contact information:

Internet Administrator 
Internet Department
Copyrights
18305 East San Jose Avenue 
City of Industry, CA 91748 
(626) 839-4686 Fax 
internetadministrator@torrid.com

Notice: Certain functionality provided via this website may be covered by U.S. Patent 5,930,474.

Forums
As used in these Terms of Use, "Forum" means an area, site, or feature (such as chat rooms, bulletin boards, and e-mail or instant messaging features) offered as part of the Site that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Site visitors and members of the general public. Any submission in connection therewith may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you may have no expectation of privacy with regard to any submitted content. Since we cannot guarantee security of information on a Forum, all use thereof is at your own risk. 
We cannot be responsible for the accuracy of any user content contained in any Forum or otherwise on our Site.

Submitted Content
There are two general purposes you might submit content to us via the Internet (or via other means). The first is in connection with a contest or other promotional activity. The second is in connection with a Forum. In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest or promotion, in consideration of your entry therein you shall by your submission be deemed to have assigned to us all right, title and interest in the same you may have; and you agree to execute any further documentation to effect or memorialize such transfer.

In connection with submissions in connection with any Forum, we claim no ownership rights in any content (i.e., text, images, photos, video, sounds, or any other materials) that you post to the Site, except as otherwise provided herein. However, if you post any such content on any Forum on the Site and while such material is posted, you hereby grant us a limited, non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, sublicense and distribute such content (and any associated "moral rights" are hereby waived) in connection with our Site services. If terms other than the foregoing govern the submission of and our right to use content submitted in connection with a Forum or Site feature or activity (other than contests and the like, which shall be treated as describe above), such other terms shall be posted at the location of such feature or activity on the Site and shall supersede the foregoing license terms (provided in such instances all provisions of these Terms of Use other than the foregoing license shall continue to apply unless otherwise stated in the terms and conditions applicable to the particular Site feature or activity).

You represent and warrant that: (i) you own any content posted by you on the Site or otherwise submitted to us in connection with the Site or any offering thereunder, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such content on or in connection with the Site or any offering thereunder does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. The Forums shall be used only in a noncommercial manner.

We may delete any content provided by you at any time. And we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.

Torrid Mobile - Terms & Conditions

Hot Topic, Inc. doing business as Torrid (“Torrid”, “we,” “us,” or “our”) is pleased to offer mobile communication services to help you get the latest information about events, offers, and promotions that we offer.  You may opt-in to our mobile communications service to receive mobile text messages (“Texts”) from our “SMS Service” and to receive voice calls (“Calls”) from us, including by texting JOIN to 86742. If you elect to receive such Texts and Calls, we may send you, from time to time, alerts for special events, special offers, discount codes, or other communications that we believe may interest you, via text (SMS) messages or voice calls, which we may make or send through various means, such as manually dialed, autodialed or prerecorded means, to your mobile phone.   (The SMS service and our voice call services to your mobile phone are collectively referenced as the “Torrid Mobile”).  You may opt-out of Torrid Mobile at any time by texting STOP to 86742.

By electing to receive text messages or voice calls from us to your mobile phone, you are agreeing to these Torrid Mobile - Terms & Conditions.   Among other things, you consent to being contacted by or on behalf of Torrid by text message or by voice calls to the mobile phone number(s) you provide or indicate, for any purpose (including sales, marketing, and promotional offers), by any means (including an automatic dialing system or prerecorded calls) regardless of whether the number(s) you provide is listed on the federal Do-Not-Call Registry or any state equivalent.  Note that your consent is notrequired for you to buy any goods or services from us. 

  1. Managing the SMS Service
    1. To Unsubscribe or Cancel. If you wish to stop receiving text messages from us, text STOP via your mobile phone to 86742 if you wish to cancel all text message alerts. Any request to cancel or unsubscribe from text messages may take up to 48 hours to be processed.
    2. For Help. For additional information or assistance regarding our SMS Service, please contact us at ht_online@hottopic.com or 1-800-892-8674 or text HELP to 86742.
  2. Wireless Service Providers.
    1. Our Torrid Mobile services are available only to our customers who have a registered, active mobile phone that is enabled for text messaging. They are available for most mobile phones from most U.S. wireless service providers. United States participating carriers include:

      Alltel, Appalachian Wireless, AT&T, Bluegrass Wireless, Boost, Boost Unlimited, Cellcom, Cellular South, Cellular One of East Central Illinois, Centennial Wireless, Cincinnati Bell, Cingular, Cricket Communications, Dobson, Immix, Nextel , nTelos, Revol, Sprint, T-Mobile, Unicel (Rural Cellular), US Cellular, Verizon, Virgin Mobile US, West Central Wireless. This list may be updated from time to time and additional carriers may be added.
      Torrid Mobile is only available to residents of the continental U.S., Alaska, Hawaii and U.S. territories.

    2. Viewing site content via WAP (Wireless Application Protocol) requires interactive mobile devices capable of viewing WML (Wireless Markup Language).
    3. You agree to provide a valid mobile phone number that you are authorized to use.
    4. If you enroll with Torrid Mobile, we may send any text messages through your wireless service provider in order to deliver them to you. You agree that your wireless service provider is acting as your agent in this capacity.
    5. We do not charge a fee to participate in our Torrid Mobile services. However, you acknowledge and agree that your wireless service provider may charge you for sending or receiving text messages as part of the SMS Service and/or there may be additional charges from your wireless providers that may apply. You should check with your wireless service provider for text message and data rates. You will be solely responsible for any fees charged by your mobile carrier for any and all Texts that you send to, or receive from, us. Message frequency varies, but we expect to send you up to 1 promotional text message per week.
    6. The SMS Service will be discontinued to you if you change wireless service providers or if your wireless service is deactivated for the mobile phone number you provide us. You will need to re-activate the SMS Service in those situations if you wish to continue receiving text message alerts from us.
  3. Delivery of Text Messages.
    1. We may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an "automatic telephone dialing system" or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200.
    2. The SMS Service may not be encrypted and our text messages to you may include personal or confidential information about you, such as your account activity or status. You agree to protect your mobile phone or mobile device that receives information through the SMS Service and not to let any unauthorized person have access to the information we provide to you through the SMS Service.
    3. The information in any text message may be subject to certain time lags and/or delays. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your mobile service operator.
  4. Privacy.
    1. Torrid is committed to your privacy. Our Privacy Policy can be found at http://www.torrid.com/torrid/cs/CustomerService/PrivacyResponsibility.jsp By providing us with your mobile phone number, you acknowledge that data we collect from you in connection with the Torrid Mobile services are subject to our applicable Privacy Policy. 
    2. Data obtained from you in connection with our Torrid Mobile services may include your mobile phone number, your carrier's name, and the date, time and content of your text messages to us, as well as other information that you provide.  
    3. You will never receive a text message from us that asks you to send any sensitive personal or financial information such as your Social Security number. If you ever receive such a request for sensitive or personal information, do not respond to the message and call us atht_online@hottopic.com or 1-800-892-8674 to report the incident.
  5. Torrid is not responsible for incomplete, lost, late, damaged, illegible or misdirected email or Texts or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Torrid is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with Torrid Mobile. THE TORRID MOBILE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. WE WILL NOT BE LIABLE FOR LOSSES OR DAMAGES CAUSED IN WHOLE OR IN PART BY YOUR ACTIONS OR OMISSIONS THAT RESULT IN ANY DISCLOSURE OF YOUR ACCOUNT INFORMATION TO THIRD PARTIES. ALSO, NOTHING ABOUT OUR TORRID MOBILE SERVICES CREATES ANY NEW OR DIFFERENT LIABILITY FOR US BEYOND WHAT IS ALREADY APPLICABLE UNDER OUR APPLICABLE WEBSITE'S TERMS OF USE OR THE TERMS OF USE OF ANY OF OUR LOYALTY PROGRAMS IN WHICH YOU PARTICIPATE.
  6. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorney's fees) arising from your provision of a mobile phone number that is not your own or your violation of any applicable federal, state, or local law, rule, regulation or ordinance, and arising from your use of Torrid Mobile services. Your obligations under this paragraph shall survive even after you unsubscribe from receiving text messages or calls from us or after we terminate Torrid Mobile services or these Torrid Mobile - Terms & Conditions.
  7. We reserve the right to terminate Torrid Mobile services, in whole or in part, at any time without notice.

    These Torrid Mobile - Terms & Conditions are in addition to, and do not supersede or replace, any other agreements applicable to the Terms of Use of our applicable web site(s) posted at http://www.torrid.com/torrid/cs/CustomerService/WebsiteTermsofUse.jsp and any of our loyalty programs such as Torrid Insider (http://www.torrid.com/Insider-link). Any such other agreements applicable to your participation in our loyalty programs and the Terms of Use of our applicable web site(s) also apply to you and your use of our Torrid Mobile services.


Limited Liability
This Site and all Content available on this Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of accuracy, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge by your use of this Site that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site.
Under no circumstances, including but not limited to negligence, shall Torrid be liable for any or consequential or other damages that result from the use of, or the inability to use, this Site, even if Torrid or a Torrid representative has been advised of the possibility of such damages (the foregoing being subject to any contrary provisions of applicable law). Torrid expressly disclaims any liability in connection with your use of any Content derived from the Site.

Miscellaneous
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. All users agree that any legal actions related to the Site shall be brought and conducted in Los Angeles County, California, and users hereby consent to jurisdiction of such county. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use were last amended in July 2014.
If you have any questions regarding these Terms of Use, please contact our Internet Administrator at:
Internet Administrator 

Internet Department
Questions or Comments
18305 East San Jose Avenue 
City of Industry, CA 91748 
(626) 839-4686 Fax 
internetadministrator@torrid.com