TERMS OF SERVICE
February 15th, 2009
The Men's Wearhouse, Inc. maintains this VIRTUAL PROM site at VirtualProm.com ("Site"). 
Welcome to the VIRTUAL PROM site at VirtualProm.com (“Site”).  The following agreement (the "Terms of Service") describes the terms on which The Men’s Wearhouse, Inc. (“MW”) offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from these Terms of Service. By using the Site, you agree to these Terms of Service.  If you do not agree, you should decline these Terms of Service, in which case you are prohibited from accessing or using the Site.  MW may amend these Terms of Service at any time in its sole discretion, effective upon posting the amended Terms of Service at the VirtualProm.com domain where the prior version of these Terms of Service was posted, or by communicating these changes through any written contact method we have established with you.

I. Description of the Services.

VIRTUAL PROM is the multi-user online information service offered by MW, including an online environment that supports the service, including without limitation:  the server computation, software access, messaging and protocols that simulate the VIRTUAL PROM environment (“Servers”), the software that is provided by MW and installed on the local computer or other device you use to access the Servers and thereby view or otherwise access the Site (“Software”), application program interfaces provided by MW to you for use with the Site (“Interface”), and access to the websites and services available on VirtualProm.com (“Access”).  The Servers, Software, Interface, and Access collectively constitute the "Service" as used in these Terms of Service.
BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT MW IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) RELATED TO YOUR USE OF THE SITE. Moreover, as a condition of use of this Site, you agree to defend, indemnify and hold MW harmless from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out or in any manner related to your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions, your content or your use of any of the Materials. If you are dissatisfied with any material on this Site or with any of terms and conditions of use of this Site, your sole and exclusive remedy is to discontinue using this Site. 

II. Permissions.

VIRTUAL PROM is available to anyone 13 years of age or older. If you are under the age of 13, unfortunately you will not be able to register to use the Site. If you are at least 13 but under 18, please also ask a parent or guardian to read and agree to the Terms  of Service.  Parents and guardians of users under 18 will be responsible for their minor's use of the site. They agree to the Terms of Service on behalf of themselves and any minor 13 or older. In consideration of our making the Site accessible to you, you agree to provide accurate current and complete information about yourself as requested in the registration form.  If you provide registration information which is inaccurate or untrue, we reserve the right not to  allow you to access the Site.  We also reserve the right to communicate with you at the email address provided with regard to updates to the Site. This does not limit your right to opt out of receiving communications from VIRTUAL PROM of a marketing nature.
Parents of children 13 years and older should consider whether their child should be supervised during the child’s use of the Site. 

III. Content.

A. Content Created By You.

You acknowledge that MW is a service provider that allows people to interact online in a manner chosen by users of the service, and that users can alter the service environment on a real-time basis.  MW generally does not regulate the content of communications made by you on the Site.  As a result, MW has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.  You accept full responsibility and liability for your use of any content in violation of any laws. You agree that your creation of content is not in any way based upon any expectation of compensation from MW.

B. Men’s Wearhouse Materials.

You acknowledge and agree that MW or its affiliates own all legal right, title and interest in and to the graphics, images and other materials ("Materials") on this Site, which are copyrights, trademarks, trade names or other intellectual property owned, licensed or otherwise controlled by MW. MW authorizes you to view the Materials on this Site, and to download and make a single copy of all or a portion of the Materials only for your personal noncommercial use. You may not otherwise copy or download Materials, and may not modify, use or distribute the Materials, this Site or any related software in any way unless you obtain the written permission of MW. In the event you download Materials as permitted under these Terms  of Service, you agree retain all copyright and other proprietary notices contained on the Materials. If you violate these Terms  of Service, your permission to use the Materials terminates, and you agree to immediately destroy all copies of the Materials.   Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed infringement of your copyrighted materials should be sent to virtualprom@tmw.com. WE WILL NOT RESPOND TO ANY COPYRIGHT INFRINGEMENT CLAIMS WHICH DO NOT FOLLOW THE PROCEDURES HERE  
MW PROVIDES THE INFORMATION ON THE SITE ON AN "AS-IS" BASIS, WITHOUT ANY WARRANTIES OF ANY NATURE. MW DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MW BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OR DATA OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. MW may make changes to the Materials and the product information and prices at any time without notice and without obligation to update the Materials.
MW makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials by certain persons in certain countries may not be legally allowed. If you access the Materials outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

C. Third Party Information/Information on the Site

MW provides links to third party web sites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by MW, and MW assumes no responsibility for the content of any sites linked to this Site.  MW is further unable to inspect or confirm that the Materials contained on the Site that are linked to this page are correct in every case. From time to time there may be information on the Site that is inaccurate or incomplete, or that contains typographical errors. MW may change information on the Site at any time without prior notice.

IV. Feedback.

MW welcomes your feedback at various places in the Site. You agree that when submitting feedback, you will not violate the rights of third parties, including without limitation, privacy, proprietary or intellectual property rights, and you will not submit libelous, obscene, abusive, or otherwise illegal materials.
Any communication or other material you send to the Site by e-mail or other means, including your questions or comments, is considered non-confidential. By sending communications to this Site, you grant MW a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, edit, distribute, perform and display any communication or other materials you transmit to the Site (and the ideas contained in such material) for any purpose, anywhere, including without limitation reproducing, posting or publicizing such material or using such material for marketing purposes.

V. Restrictions.

You agree that  the content and information you provide will not, to the best of your knowledge:  (a) be racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (b) contain nudity, violence, or offensive subject matter or contains a link to an “adult” website; (c) contain hidden pages or images or “web bugs” or “web beacons”; (d) solicit personal information from anyone under eighteen (18) years of age; (e) harass or advocate harassment of another person; (f) infringe any third party’s copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (g) include a photograph of another person that you have posted without that person’s consent; (h) promote information or content that promotes illegal activities or conduct that is abusive, threatening, hateful, obscene, defamatory, libelous, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; and/or (i) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising). 
This Site may not be used for any illegal purpose or in any manner that would subject MW, its affiliates, or any of this Site's users to liability.

You also agree that you will not use this Site for any of the following: (a) providing MW with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Site content posted by MW or any other person or entity without authorization; (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity conducted on this Site; (d) taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure; (e) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of this Site, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (f) using or attempting to use, without MW's permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from MW on this Site and other than generally commercially available third-party web browsers (e.g., Mozilla Firefox®, Microsoft Internet Explorer®); (g) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site; (h) aggregating, copying or duplicating in any manner any of the Site content or information available from this Site, except as otherwise expressly allowed by these Terms  of Service; (i) framing or linking to any of the Site content or information available from this Site without MW's permission; and/or (j) transmitting, distributing, storing or destroying material, including without limitation Site content, in violation of any applicable law or regulation.

You are also prohibited from violating or attempting to violate the security of this Site, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of this Site, host or network, including without limitation, via means of submitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines or software code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or by any activity of overloading, "flooding," "spamming," "mailbombing" or "crashing" this Site or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services through this website or to other users of this Site; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting relating to this Site; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on any portion of the Site; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer any contents or access to the Site to others; (h) use, or allow the use of, the Site or any contents in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; and/or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site.

MW has no liability or responsibility to users of this Site for the activity of other users. You agree to look solely to the original posting party for any claims you may have regarding their information.  If you have a dispute with one or more users, you release MW (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

VI. Report Abuse / Interruption of Service

MW wants you to browse this Site freely. However, you do so at your own risk as MW cannot guarantee that the Site is free of illegal, offensive, obscene, hateful content.  You can help MW by notifying us of any unwelcome content, by contacting us using the information below. 

MW reserves the right to prohibit any user further access to this Site for violating these Terms  of Service or any law. MW may take any action with respect to user conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for MW, damage the MW's image, cause harm to others or cause MW to lose (in whole or in part) the services of its ISPs or other suppliers.

MW reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that MW will not be liable for any interruption of the Service, delay or failure to perform. MW has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion without any liability.

VII. Miscellaneous

This Site, including, but not limited to, these Terms of Service, the Site's Security Policy and the Site's Privacy Policy shall be construed and enforced in accordance with the laws of the State of California. Venue for any dispute regarding anything contained within and/or resulting from access to this Site shall lie exclusively in the City and County of San Francisco.

You acknowledge that you have read and understood these Terms of Service and that you agree to be bound by its terms and conditions.  You further agree that these Terms of Service, together with the Privacy Policy, which is hereby incorporated into these Terms of Service by reference, constitute the complete and exclusive statement of the agreement between you and MW and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms of Service.  If any provision of these Terms of Service is found unenforceable, it shall not affect the validity of these Terms of Service, which shall remain valid and enforceable according to its terms.

Contact Us
For further information, or inquiries about these Terms of Service, please contact:

Men's Wearhouse
Customer Relations
6380 Rogerdale Rd
Houston, Texas 77072
Attn: Online Customer Relations

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.           

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent at virtualprom@tmw.com.        

To be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the 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 the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.