TERMS OF USE LIBBEY.COM WEBSITES

Welcome to the libbey.com websites, which include the retail.libbey.com, foodservice.libbey.com, and b2b.libbey.com websites and any other sites owned or operated by Libbey Glass Inc.’s (“Libbey”) United States and Canada region (the “Sites“). Except as otherwise noted herein, these Terms of Use govern your use of the Sites. Please read these Terms of Use carefully because your use of the Sites constitutes your agreement to follow and be bound by these Terms of Use.

1.      Geographic Restrictions

1.1    The Sites are for use by persons located in the United States and Canada only. Libbey makes no claims that the Sites or any of their content is accessible or appropriate outside of the United States or Canada. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.

2.      Prohibited Uses

2.1    The Sites may be used for lawful purposes only. Libbey specifically prohibits any use of the Sites and requires that you not use the Sites for any of the following: (i) posting any information that is incomplete, false, inaccurate, or not your own; (ii) engaging in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, federal, national, or international law or regulation; (iii) communicating, transmitting, or posting material that infringes on another’s intellectual property, privacy, or publicity rights; or (iv) communicating, transmitting, or transferring information or software derived from the Sites to foreign countries or certain foreign nations in violation of United States export control laws.

2.2    Libbey will investigate violations of system or network security and may involve and cooperate with law enforcement authorities in prosecuting those who are involved in such violation. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following: (i) accessing data not intended for you or logging into a Libbey server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures (or succeeding at same); (iii) attempting to interfere or interfering with the operation of our Sites, our provision of services to any other visitors to our Sites, our hosting provider, or our network, including, without limitation, via means of submitting a virus to the Sites or overloading, “flooding,” “mailbombing,” or “crashing” the Site; or (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission.

2.3    If you breach these Terms of Use, Libbey can take any of the following actions against you: (i) issue you a warning; (ii) temporarily or permanently bar you from the Sites; (iii) report you to law enforcement; and/or (iv) institute legal action against you and pursue any costs incurred in doing so.

3.      Accounts, Passwords, and Security

3.1    Certain features or services offered on or through the Sites may require you to open an account (including setting up a username/ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Libbey immediately of any unauthorized use of your account or password, or any other breach of security. To the extent permitted by applicable law, you may be held liable for losses incurred by Libbey or any other user of or visitor to the Sites due to someone else using your username/ID, password, or account as a result of your failure to keep your account information secure and confidential. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

4.      User Comments, Feedback, and Other Submissions

4.1    Libbey is pleased to hear from you and welcomes your comments regarding our products. Libbey does not allow, consider, or accept creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. Libbey hopes that you will understand the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Libbey employees and agents seem similar to creative works submitted by you. Accordingly, while Libbey values your feedback, we ask that you not send creative ideas, suggestions, proposals, plans, or other materials for our business, unless specifically requested.

4.2    If, at our request or without our request, you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials (“Comments”) to us, you agree that Libbey may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Libbey. Libbey shall not be under any obligation to: (i) maintain any Comments in confidence; (ii) pay compensation for any Comments; (iii) post any Comments for the public’s view; or (iv) respond to any Comments. Libbey has the right, but not the obligation, to monitor, edit, and/or remove any Comments.

4.3    You are responsible for your own communication, including the transmission, posting, and uploading of information, and are responsible for the consequence of such communications to the Sites. You agree that your Comments will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your Comments will not contain libelous or other unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not impersonate someone other than yourself or otherwise mislead Libbey as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Libbey takes no responsibility and assumes no liability for any Comments posted to our Sites by you or any third party.

5.      Site Contents

5.1    Libbey reserves the right, at any time in its sole discretion, to modify, suspend, or discontinue the Sites or any services, content, features, or products offered through the Sites (collectively, the “Materials”) with or without prior notice.

6.      Cookies

6.1    Libbey uses cookies to enhance and simplify your visit to the Sites. It is your responsibility to remove and/or disable cookies on your computer and/or device if you so choose.

7.      Errors, Omissions, and Inaccuracies

7.1    Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Libbey reserves the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites without prior notice.

7.2    Although Libbey has made every effort to display our Products and their colors as accurately as possible, the displayed colors of the product will depend upon your monitor and Libbey cannot guarantee that your monitor will accurately portray the actual colors of the products.

8.      Proprietary Rights

8.1    As between you and Libbey (or any other company whose marks appear on the Sites), Libbey (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Sites, and is the copyright owner or licensee of the Materials on the Sites, unless otherwise indicated. The logos, designs, titles, phrases, and product names of Libbey (and its affiliates, subsidiaries, and sister-companies, including, but not limited to, World Tableware Inc. and Syracuse China Company) and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, “Libbey Intellectual Property”) are owned by Libbey and may be registered in the United States and internationally. You agree not to display or use Libbey Intellectual Property in any manner without Libbey’s prior permission. Nothing on the Sites should be construed to grant any license or right to use any Libbey Intellectual Property without the prior written consent of Libbey.

8.2    If you believe that your work has been copied in any way that constitutes infringement, provide written notice of the following to Libbey Glass Inc., Attention – Legal Department, 300 Madison Avenue, Toledo, Ohio 43604: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Sites; (iv) your address, telephone number, and email address; (v) a 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

9.      Privacy Policy

9.1    Notwithstanding anything else to the contrary contained in these Terms of Use, Libbey’s use of any personally identifiable information you provide via the Sites shall be governed by our Privacy Policy, which is hereby incorporated in and made a part of these Terms of Use by reference.  For further information regarding Libbey’s protection of your personally identifiable information, please refer to our Privacy Policy page.  Any information provided by you that is not personally identifiable information, as defined by applicable law, shall be considered non-confidential and non-proprietary.

10.    Limited Warranty and Disclaimer

10.1 YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITES. LIBBEY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITES INCLUDING, WITHOUT LIMITATION, FUNCTIONS AND SERVICES PROVIDED ON THE SITES, WHICH ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION; UNINTERRUPTED ACCESS; AND ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. LIBBEY DOES NOT WARRANT THAT THE SITES OR THEIR FUNCTIONS, THE MATERIALS, OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. LIBBEY MAKES NO WARRANTY THAT THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS PROVISION WILL NOT APPLY TO YOU IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.

11.    Indemnity and Limitation of Liability

11.1  You agree to hold harmless Libbey, its directors, officers, employees, agents, subsidiaries, sister-companies, and affiliates from and against all liabilities, penalties, fines, losses, damages, judgments, and expenses to the extent arising from or relating to your use of the Sites and/or your breach of any representation, warranty, or other provision of these Terms of Use. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

11.2 NOTWITHSTANDING ANY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, LIBBEY, ITS AFFILIATES, OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SAVINGS; LOSS OF BUSINESS, DATA, OR SALES; LOSS OF GOODWILL OR REPUTATION; DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.

11.3  The Sites may provide links to other sites and resources.  Libbey provides these links to you solely as a convenience, and the inclusion of such links does not imply endorsement of the site. Your dealings with other companies promoted on or through the Sites are solely between you and such other company. To the extent permitted by applicable law, you agree that Libbey shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

12.    Breach and Termination

12.1  Without prejudice to any rights or remedies Libbey may have under these Terms of Use or at law, Libbey has the right to terminate these Terms of Use at any time without prior notice and, accordingly, may deny you access to the Sites, if in its sole judgment, you fail to comply with any term or provision of these Terms of Use.

13.    Choice of Law and Dispute Resolution

13.1  These Terms of Use are governed by and construed in accordance with the laws of the State of Ohio. In the event of a controversy, claim, action, or dispute arising out of or in connection with these Terms of Use, or the breach, enforcement, interpretation, or validity of these Terms of Use (“Dispute”), the party asserting the Dispute shall first try to settle the Dispute through consultation and negotiation in good faith in a spirit of mutual cooperation. All Disputes that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts of Toledo, Ohio. Nothing in this Section 12 limits either Libbey’s or your rights under applicable law for injunctive or other equitable relief, or to take any action to safeguard its possibility to have recourse on the other party. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

14.    Miscellaneous

14.1  You agree that no joint venture, partnership, employment, or agency relationship exists between Libbey and you as a result of these Terms of Use or your use of the Sites.

14.2  If any provisions of these Terms of Use are held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding will not negate the validity or enforceability of any other provisions thereof. If any provision of these Terms of Use is finally determined to be unlawful or unenforceable, such provision will be deemed severed from these Terms of Use, but every other provision will remain in full force and effect, and in substitution for any such provision held unlawful or unenforceable, there will be substituted a provision of similar import reflecting the original intent of the clause to the extent permissible under applicable law.

14.3  These Terms of Use can be amended or modified by Libbey only. Your continued use of the Sites following any amendment or modification to these Terms of Use means you accept and agree to such amendments or modifications. As such, you are expected to visit this page frequently so you are aware of any amendments or modifications.

Revised October 2016