Monitoring

PacSun is dedicated to building a Community that can be enjoyed by all members and users. We may monitor user activity on Community: comments, photos, videos. We reserve the right to edit, refuse or remove any material submitted to or posted. Users are held responsible for the content they post and agree that PacSun nor its affiliates or partners are held for any action or misconduct.

Medical Information Disclaimer/Events Beyond Control

Community is provided to build a relationship with PacSun’s customers, friends, and fans. The User agrees to not hold any events or situations beyond PacSun’s control resulting in any medical harm or destructive behavior.

Registration & Account Creation

• Registration Information
  • Community may require you to register and create an account to engage with certain areas of our site. In order to register you will be required to choose a username and password and additional information for account purposes. Users agree not to conduct in any fraudulent activity: impersonating or imitating someone else upon creating an account. If the User’s information has changed, the user is solely held responsible for any changes and updates.
• Use of Username/Password
  • Upon registering an account on Community, the user is held solely responsible for the confidentiality and private status of his/her account information. The User may not authorize others to use their information or sub-license, transfer, or sell to any third party without our written consent. Violations will void this agreement. If the User feels their account has been tampered or feels there has been some misconduct please read our Privacy Policy and contact PacSun Community.

Rules of Usage

• Provide or post any images, photos, video, audio, or text that is considered junk mail, spam, advertising, or commercial offers.
• Provide or post any obscene, indecent, or offensive images, photos, video, audio, or text.
• Not to use any material that is considered defamatory, discriminatory, racial, or violent (including weapons & drug use).
• Not to use any material that is considered sexually explicit, pornographic. Spam of this kind is strictly prohibited.
• Will not provide or post images, photos, video, audio, or text that invades someone’s privacy or would violate any civil, local, state, federal, national, and international law. Failure to do will result in civil or criminal liability.
• Tamper or interfere with Community or its associated software, hardware and/or servers in any way.

Content on Site

• Proprietary Rights
• Content & Copyright Complaints
PacSun typically display images, audio, and video (the "content") as part of blog posts written by our editors. The types of content editors are authorized to use include:
• Content exclusively done by PacSun
• Content licensed from our vendors and content/media partners
• Content supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
• Content published on other public photo (Flickr)/ video sites (Youtube) with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
• Reader-submitted content, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on our site(s)
• Content covered by the Fair Use Doctrine.
If you think we have published content that infringes your copyright, we will address your concerns; contact us via e-mail at: community@pacsun.com or by postal mail at: Pacific Sunwear E-Comm/Community 3450 Miraloma Ave. Anaheim, CA 92806
• Comments
The user agrees to the following terms of use for comments:
• Post any threatening, harassing, of defamatory images, videos, audio, or text
• Post anything false or misleading
• Post any form of solicitation
• Post anything that infringes copyright
• Post confidential or private information
PacSun is not held responsible for any comments that may violate this and reserves the right to remove any comments.
• Links to Third Party Sites
PacSun provides links to vendors, external and third party sites and is not associated with any operation or control of these sites. PacSun is not held responsible for any product or service of these sites. Users should contact the site manager of these sites should they have any issues
• User Content
By posting any images, videos, audio, or text on Community you grant us a royalty-free, non-exclusive, unrestricted, and distribution right and authorize us to do so.

Indemnification

The User agrees to indemnify PacSun and their employees, vendors, content/media partners, and affiliates and to defend and hold each of them harmless from any and all claims and liabilities which may arise from your submissions, misconduct, and any User actions on Community.

Editing & Deletions/Addition Rules

PacSun reserves the right to monitor, review, analyze, edit, move or delete or add any content for display at its sole discretion and without notice.

Disclaimer Warranty/ Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF COMMUNITY IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH COMMUNITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT, AND PACSUN HEREBY EXPRESSLY DISCLAIM, ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. PACSUN DOES NOT REPRESENT OR WARRANT THAT COMMUNITY WILL FUNCTION WITHOUT INTERRUPTION, THAT COMMUNITY IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT COMMUNITY AND THE SERVER(S) THAT MAKE COMMUNITY AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF COMMUNITY SHALL CREATE ANY WARRANTY. FURTHER, THE COMPANY, ITS SUBSIDIARIES AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETWORK WILL BE CORRECT, ACCURATE, TIMELY OR RELIABLE.

Jurisdiction

IN NO EVENT SHALL PACSUN OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING COMMUNITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE COMMUNITY, ANY CHANGES TO THE NETWORK OR THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH COMMUNITY. PACSUN OR ANY ENTITY INVOLVED IN CREATING OR DISTRIBUTING COMMUNITY ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH COMMUNITY, OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH COMMUNITY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING COMMUNITY. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF PACSUN OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination of Suspension

Should PacSun find any fraudulent activity or abusive misconduct, PacSun has the right to terminate and/or suspend your ability to access Community or area thereof, for any or no reason without notice.

Contests & Promotions

PacSun offers a variety of fun and exciting online contests. Most of these contests are open to U.S. residents 13 years of age and older. If you are a teen under 16 years of age, it is absolutely necessary to obtain your parent or guardian's permission before providing any personal information.

How it works

Submit your name, address, state, zip code, phone number, gender, date of birth & email address.
If you are one of our winners, we'll use this information to contact you.
Contest sponsors may utilize your info based on which opt-in(s) you have selected on the contest entry pages.

In addition, we may request information regarding customer (your) preferences, such as your favorite brands or types of music. You are not required to answer these questions. However, if you do, we can better provide you with the products and services you like the best. Think about it.

Associated Press

The following provision applies to all visitors to Community (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content). By accessing Community, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.