Privacy Policy

Last Revised: June 23, 2015

ICB’s Parent company, Onward U.S.A., LLC (“Onward”, “we”, “us” or “our”) share your concern about the protection of your personal information online. This privacy policy (“Policy”) is our policy that addresses how we maintain the privacy of personal information we collect online in connection with the ICB website located at www.icbnyc.com (the “Site”).

This Policy describes our privacy practices and sets out your obligations and ours with respect to your use of the Site. This Policy applies only to the Site and does not necessarily apply to our off-line collection of information. By visiting the Site, you agree to abide by the terms of this Policy and Terms and Use.

We may need to change this Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to this Policy, and your continual use of the Site subsequent to any changes to this Policy will mean that you accept such changes. Therefore, please bookmark this page and review it periodically to assure familiarity with the most current version of this Policy. We will post all changes to this Policy on the Site so that you will always know what information we gather, how we might use that information, and when and how we will disclose that information. You can tell that this Policy has been updated by checking the last revised date posted on the top of this page. If due to such changes, you decide that you want to remove any portion of your personal information from our database, please click on “unsubscribe from this list” located at the bottom of our e-mail blast.

BY VISITING THE SITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THIS POLICY AND THE TERMS OF USE. IF YOU DO NOT AGREE TO THIS POLICY AND THE TERMS OF USE, DO NOT VISIT OR USE THE SITE.

Information We Collect and Track. ICB collects and retains two types of information about Site visitors: (i) personal information that individual visitors provide when interacting on the Site, or voluntarily provide on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is automatically collected from every Site visitor and recorded on our log files, (collectively, “Information”). The Information that we gather may include your name, title and address, telephone number, email address, birth date and credit card number as well as other elements of personal information.

In addition, if you contact us, we may keep a record of your correspondence, including any Information contained therein.

You may decline to provide any personal information, but please realize that you thereby may be unable to register on the Site or to participate in activities or services offered by ICB on the Site.

The tracking data we record includes, without limitation, information regarding the number and frequency of visits to the Site, the items you viewed and/or purchased, the websites that you access before and after you visit the Site, the software used to access the Site, and your IP address and Internet service provider related information. The tracking data we record may include the location of your computer.

How We Use Your Information

The Information that we collect and that you provide to us is used for our business purposes and the purpose for which you provided it, including, without limitation, to respond to your requests or correspondence. ICB may also use the Information to contact you about the Site or to request your input regarding ways in which we might improve the Site. We may also use your Information to inform you about ICB’s activities, promotions, products, services and events in which ICB thinks you may be interested. The Information may also be analyzed so that we can provide you with useful information and can serve you in the best manner possible through enhanced features and functions on the Site.

We will not disclose any personal information to third parties, except (i) to parties who perform a service for us, such as sending you mail or email, web hosting, credit card processing and other similar services; (ii) when we believe that such disclosure is required by law; (iii) to enforce this Policy or the Terms of Use; (iv) to protect the rights, property, security or safety of Onward, Site users or the public; (v) to respond to an emergency; or (vi) as otherwise stated in this Policy. In addition, we may disclose Information to certain third parties if you have requested or authorized the disclosure of such Information.

We provide certain Information to third party service providers who perform specific functions on our behalf. For example, we may share your mailing address and other contact information with our delivery partners, and certain of our service providers (i.e., web hosting, credit card processing, catalog management and others) may have access to all or parts of the Information we maintain. All such Information provided to third parties is limited to the Information needed to perform their functions. We seek to limit third-party use of Information; however, we are not responsible for such third-party use of Information that is not in compliance with this Policy.

Onward may use certain tracking data

Tracking data information may be used for a variety of purposes, including but without limitation, to compile statistical, demographic or aggregated information about visitors to the Site generally, or for load balancing metrics and also may be used to create reports on user demographics and the traffic patterns of the Site. The reports that are generated from tracking data are used for a variety of purposes, including, for example, to improve the Site and our services.

User Postings

You should be aware that any content posted by you to the Site may be read, collected or used by other Site visitors. Onward is not responsible for the third-party use of any Information provided in such manner. By participating in the use of Site, you consent to Onward’s use or disclosure of any content that you submit.

Use of Cookies

We use cookies to enhance your experience while using the Site. “Cookies” are small pieces of information that a website transfers to your computer’s hard drive for record-keeping purposes. The use of cookies makes web surfing easier by performing certain functions such as saving your passwords and your personal preferences in connection with your use of a particular website. Many consider the use of cookies to be an industry standard. Your browser is probably set to accept cookies, but you are always free to decline our cookies if your browser permits. If you choose to have your browser refuse cookies, it is possible that some of the Services provided on the Site will not function properly.

Transfer of Information to Third Parties Upon a Sale or Change of Control

We retain the right to transfer or assign all Information pursuant to a merger, sale, reorganization, purchase or other transaction relating to ICB, its related companies or their assets if the assignee or purchaser agrees to abide by the terms of this Policy.

How Your Information Is Protected

We take reasonable precautions to protect your Information from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards for your Information. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your Information. In addition, because Internet communication is unsecure, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information.

Other Communications

From time to time, we may email users of the Site information regarding marketing events or other developments at ICB. We may also email users on occasion regarding the Site. Such emails may be sent to users of the Site even if they have not requested to receive any communication from us.

Links to Third-Party Sites

The Site may contain links to websites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any information.

Children Under the Age of 13

Onward is concerned about the privacy protection of children who access the Internet, and we comply with the Children’s Online Privacy Protection Act (COPPA). Accordingly, the Site is not intended for use by anyone under the age of 13 without the supervision of a parent or guardian, and we do not knowingly collect Information from anyone under 13 years of age without the consent of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, you may rely on your parent or guardian to assist you.

Compliance With Laws

We reserve the right to disclose any Information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.

Applicable Law

This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

How You Can Update or Correct Your Information and Contact the Site

Please contact us via our customer service if you have any questions or concerns regarding the Site, this Policy or if you would like to update or correct you Information.

Terms of Use

Last updated June 23, 2015

Welcome to the icbnyc.com website (the “Site”). ICB’s parent company, Onward U.S.A., LLC (“Onward”, “we”, “us” or “our”) provides the Site, and the services on the Site, to you subject to the following terms and conditions (the “Terms of Use”). These Terms of Use set forth the terms governing your use of the Site. In addition, when you use any service on the Site you will also be subject to the rules, policies, terms and conditions applicable to such service and such rules, policies, terms and conditions are incorporated herein by reference. Please read these Terms of Use carefully before you continue to use the Site or submit any information to ICB through the Site. Your use of the Site in any form and/or your submission of any information through the Site constitutes your agreement to be bound by these Terms of Use.

Onward may modify these Terms of Use from time to time. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Use as modified. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO ICB THROUGH THE SITE.

Restrictions on Use of the Site

Subject to the terms and conditions of these Terms of Use, Onward hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site solely for purposes of purchasing or reviewing ICB merchandise and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Site or any Content without Onward’s prior written consent.

You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.

Ownership of Content

Our Site includes a combination of content that we, our users and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us.

ICB is a registered trademark owned by Onward and may not be used or displayed without the prior written consent of Onward. Other trademarks, service marks and company names and logos appearing on the Site are the property of Onward, its affiliates or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.

Posting and Transmitting Content

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Site (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by Onward in its sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Onward or its service providers.

We have the right, but not the obligation, to remove any Content posted to the Site by Site users that may, in our sole discretion, violate these Terms of Use or that is otherwise, in our sole opinion, objectionable. Nonetheless, you understand that by using the Site, you may be exposed to Content that you find offensive or objectionable. Your use of the Site constitutes your acknowledgment that you bear all risks associated with your use of the Site.

Grant of License

You certify that you own all intellectual property rights in Your Content. Onward and its service providers will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting or transmitting Your Content on or through the Site you grant Onward a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes. Please do not send us any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary. You agree that any information that you provide us will be covered by the license granted herein.

Registration and Account Responsibility

Registration on the Site is available to anyone 18 years of age or older who truthfully and accurately provides all required information, including a legitimate email address, and who obtains a unique username and password. Each time you use your username and password on the Site you will be deemed an authorized user of the Site in a manner consistent with these Terms of Use. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on, the Site including, without limitation, all transmissions and obligations (which shall include, without limitation, all financial obligations) with your username and password whether or not such access or use was authorized by you. You shall immediately notify ICB of any unauthorized access to, or use of, your username and/or password or any other breach or threatened breach of the Site’s security of which you become aware.

Privacy Policy

All of the information that we collect from you and all of the information you provide to us (including, without limitation, personally identifiable information) is subject to our Privacy Policy. Please click here to see our full Privacy Policy.

Site Directed at United States Visitors

The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Product Information

Merchandise displayed on the Site may be available in ICB stocked stores (including, without limitation, the Site) or department stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available for purchase. ICB tries to maintain accurate information on the Site regarding product availability, size and pricing, however, ICB does not guarantee that any such information will be accurate. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and ICB cannot guarantee that your monitor’s display of any color will be accurate.

Site Transactions

Onward reserves the right to refuse, in its sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by ICB). ICB further reserves the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, ICB will attempt to notify you of such cancellation or change; however, ICB does not guarantee that you will receive such notice.

Links to Third Party Sites

To provide you with access to related sites, our Site may contain links to third party websites. By clicking on or following through to any such websites, you agree to review and agree to such third party website’s terms of use and privacy policies. Onward is not responsible for the privacy practices or the content of any such third party websites. Onward is not affiliated with, and does not endorse or sponsor, any such third party website or any product or service of any such third party.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE SITE WILL BE CORRECTED.

WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

Limitation of Liability

IN NO EVENT SHALL ONWARD OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Waiver of Jury Trial

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Injunctive Relief

You acknowledge that any use of the Site except as expressly permitted by these Terms of Use without the prior written permission of Onward will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Indemnification

By utilizing the Site, you agree to indemnify, defend and hold Onward and all of its officers, directors, employees, agents, service providers, and licensors (collectively, the “Onward Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Onward Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of your use of the Site; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; the content, the quality, or the performance of content that you submit to the Site; your connection to the Site; your violation of these Terms of Use; or your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Termination

Onward may terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that Onward, in its sole discretion, believes is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, Onward or its affiliates.

Governing Law

By visiting or using the Site, you agree that the laws of the State of New York, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms of Use and any dispute of any sort that might arise between you and ICB. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice

Onward respects the copyright interests of others and, as such, requires our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright please report the violation. In the case of a copyright violation please provide the following information:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site (including the exact URL);
  • an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not Onward, can contact you;
  • a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
  • a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

All notices should be sent to our designated agent as follows:
Onward U.S.A., LLC
8 Crosby street, 3rd floor, New York, NY 10013
Attn: Website Manager

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through the email address we have for you. We cannot be held liable if we fail to notify you via mail or email. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or it will be forever barred. These Terms of Use, and all terms, conditions, and policies that are incorporated into these Terms of Use by reference, constitute the entire agreement between you and Onward and govern your use of the Site, superseding any prior agreements that you may have with us. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in full force and effect.

Our Address. Please send any questions or comments regarding this Site to:
ICBNYC.com
8 Crosby street, 3rd floor, New York, NY 10013
E-mail
ICBhelp@onwardusa.com

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