Terms & Conditions
General – This library you are about to access (the “Image Library”) contains Gildan’s logos and images (the “Content”). By using the Content and by checking the box below you agree to be bound by these Terms and Conditions, as they may be amended (the “Terms and Conditions”).
If you do not agree to these Terms and Conditions, you may not access or use the Content. These Terms and Conditions expressly supersede prior agreements or arrangements with you. Gildan may immediately terminate these Terms and Conditions with you at any time for any reason. Gildan may amend these Terms and Conditions from time to time. Amendments will be effective upon Gildan's posting of such updated Terms and Conditions. Your continued access or use of the Content after such posting constitutes your consent to be bound by the terms as amended.
Gildan Activewear SRL and its affiliates ("Gildan") hereby grant to you a limited, nonexclusive, non-transferable right to use the Content for the Permitted Uses (as defined below) only. Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including , without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Gildan Activewear SRL or the owner of the Content, as the case may be. Gildan has the right to suspend, restrict or remove your access to the Content at any time and without notice.
All images and logos are licensed or owned and copyrighted by Gildan. By downloading these images/logos you agree not to replicate, amend or misrepresent their Content.
Permitted Uses – Subject to the restrictions described under Prohibited Uses below, the following are the only “Permitted Uses” of Content:
- The images and logos are for business-to-business use only, to promote Gildan’s brands and products.
- Advertising and promotional projects , namely printed materials, product packaging , presentations, film and video presentations, commercials, catalogs, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license); entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, video, broadcast and theatrical presentations; online or electronic publications; prints, posters (i.e. a hardcopy ) and other reproductions for personal use or promotional purposes specified above, but not for resale, license or other distribution.
- The lifestyle images use is permitted for business-to-business use and must not be used in business-to-consumer environments, such as is prohibited.
- The use of product shots (shots without models) is permitted.
Prohibited Uses – You may not do anything with the Content that is not expressly permitted in the preceding section "Permitted Uses". For greater certainty, the following are considered as “Prohibited Uses” and you must not:
- The images and logos cannot be changed, modified or manipulated in any way and all images must always appear in association with the relevant logo and applicable notice.
- Use any of the images to represent any other brand;
- Use the logos for product branding or decoration;
- Represent the logos in any format on packaging or point-of-sale materials;
- Use any of the Content as part of a trademark, design-mark, trade-name, business name, service mark, or logo;
- Use the Content in a way that is considered by Gildan Activewear SRL, or under any applicable law, pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
- Content must not be used under any circumstances in a way that might harm the brand image or reputation of Gildan;
- Remove any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Content;
- Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under these Terms and Conditions;
- The images and associated logos cannot be sent to nor used by third parties without prior written agreement from Gildan.
The images are valid until the 31st of December of the following calendar year, and using any of the images after this time will infringe photography usage rights.
Limitation of Liability – The Content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability or fitness for a particular purpose. Gildan does not represent or warrant that the Content will meet your requirements. The entire risk as to the quality and performance of the Content is with you.
IN NO EVENT SHALL GILDAN OR CONTENT OWNERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS (COLLECTIVELY THE " GILDAN PARTIES ") BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS , INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ) IN CONNECTION WITH ANY CLAIM, LOSS , DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO , OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF THE GILDAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, NO ACTION OR CLAIM, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE. NOTWITHSTANDING ANY OTHER TERM HEREIN, GILDAN SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.
You agree to indemnify, defend and hold harmless the Gildan Parties from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Gildan Parties as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the Terms and Conditions.
Your use of this Image Library and any associated Content may sometimes be subject to interruption, unavailability, restriction, or delay. Due to the nature of the Internet and electronic communications, Gildan (and our service providers) do not make any warranty that this Image Library or any associated Content will be error free, without interruption or delay, or free from defects. Gildan will not be liable to you should this Image Library become unavailable, interrupted, restricted or delayed for any reason.
Although Gildan endeavours to prevent the introduction of viruses or other malicious code (“malicious code”) to this Image Library, we do not guarantee or warrant that this Image Library, or any Content available on or through it, does not contain malicious code. Gildan will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Image Library does not expose your computer system to the risk of interference or damage from malicious code.
Governing Law and Jurisdiction – These Terms and Conditions are governed by the laws of Barbados. The relevant courts of Barbados will have jurisdiction over any dispute that arises in connection with your use of the Image Library, the Content or these Terms and Conditions.