Terms of Use - Fashion for Home

Terms of Use
§1 Content
fashion4home, Inc. (hereinafter referred to as “Company”) hereby provides access
to the information, data and materials of this site and other sites (hereinafter
collectively referred to as “Content”) subject to the terms and conditions herein.
You are invited to visit and use this site subject to your agreement to and
compliance with the terms hereof, failing which your permission to access and
use this site is automatically revoked.
§2 Proprietary Rights
(2.1) The Content provided on this site (including, but not limited to the text,
graphics, logos, images and the form of expression thereof, and the software
used by this site) is proprietary to Company or applicable third parties who have
granted Company the right or license to use such, and is protected by the United
States and international laws.
(2.2) FASHION FOR HOME, and all other applicable marks/logos, are trademarks
and/or service marks of Company or applicable third parties who have granted
Company the right or license to use such.
(2.3) FASHION FOR HOME, fashion-4-home.com, fashion-for-home.com, fashionfour-home.com
and all other applicable domains are registered internet domains
of Company or applicable third parties who have granted Company the right or
license to use such.
(2.4) Except as expressly permitted under the United States and international
laws, you are not permitted to copy, transmit, publish, reproduce, redistribute,
modify, sell, create derivative works, publicly display, perform or distribute or
otherwise use this site and the Content provided on this site for any non-personal
or commercial purposes without prior written authorization by Company.
§3 Conditions of Access/Use
(3.1) As a condition of your access and use of this site, you warrant to Company
that you will not access and use this site for any unlawful purpose; and that you
are not now or have not been on any disqualifying list of the U.S. Department
of the Treasury, Office of Foreign Assets Control SDN or the U.S. Department of
Commerce, and there is no basis under prevailing law to prohibit you to access
and use this site.
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(3.2) You agree to abide by all applicable federal, state, local and international
laws, regulations and rules, including without limitation, tax laws, custom duties,
import/export (or re-import/export) controls, and you agree that you are solely
responsible for all acts or omissions associated with your access and use of this
site.
(3.3) You agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you
reside.
(3.4) You agree to abide by all the proprietary notices contained in the Content
of this site and retain such notices in any copy thereof, in whole or in part.
(3.5) You agree not to use any software or device to interfere or attempt to
interfere with the proper functioning of this site in any manner or by any means.
(3.6) You agree not to extracting data, content or software from this site in any
manner or by any means unless expressly permitted herein or by Company in
writing.
(3.7) Any use or access to this site is prohibited unless expressly permitted herein
or by Company in writing.
§4 Non-Exclusive Revocable License
Access and use of this site is subject to a non-exclusive, personal and revocable
license from Company that is subject to suspension, cancellation, transfer or
modification at any time pursuant to the policies of Company then in effect.
§5 Dealing Through This Site
(5.1) Affiliates, advertisers or other parties or internet sites on or linked to this site,
are independent of Company and are not within Company‘s control. Company
assumes no obligation or liability for the acts or omission of those parties or
internet sites whatsoever.
(5.2) Any dealings with any parties other than Company present on this site or
participating in promotions through this site are solely between you and such
parties. Company shall not be responsible for nor have any connection with,
any part of any such dealings or promotions, including, but not limited to the
delivery, terms and conditions, warranties or representations, and other rights or
responsibilities associated therewith.
(5.3) Company is not a party to any disputes between you and any parties other
than Company. You agree to resolve all such disputes solely with such parties
without involving Company.
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§6 Downloads
(6.1) Any software downloaded from this site is subject to the applicable license
terms for the use of the software.
(6.2) Some software that may be downloaded from this site may be subject
to government control or other restrictions. By visiting and using this site, you
acknowledge these restrictions and agree to be subject thereto and to comply
therewith.
§7 Service/Product Availability
(7.1) The Terms of Sale of this site apply to the sale of merchandise on this site, in
addition to this Terms of Use to the extent not modified thereby and constitute a
part hereof by reference.
(7.2) This site may contain references or cross references to products and
services that are not announced or available to you. Such references, if any, shall
not imply that any party intends to announce such products or services to you.
You should consult the business representatives of the sponsors for information
regarding the products and services that may be available to you.
§8 Agency
In the event you access and use this site on behalf of another person or entity,
you accept the liability for any harm caused by wrongful access and use of
this site by such person or entity which is inconsistent with the terms hereof or
applicable law.
§9 Privacy Policy
Registration data and personal identifiable information about you are subject to
the Privacy and Security Statement of this site, which constitute a part hereof by
reference, in addition to this Terms of Use to the extent not modified thereby.
§10 Your Communication To/Through This Site
(10.1) You are not permitted to transmit to or through this site any content which
is untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of privacy, infringing of intellectual
property rights, or racially, ethically or otherwise objectionable.
(10.2) By transmitting any communication to or through this site, you agree to
be solely responsible for its content and you will hold Company, its parents,
subsidiaries, affiliates, officers, directors and employees harmless from any
liabilities incurred as a result of or in connection with your communications.
(10.3) Unless otherwise agreed upon in writing by Company, any communication
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you transmit to or through this site, except your registration data and your
personal identifiable information, shall be considered non-confidential. By
sending such you grant Company an unrestricted and irrevocable license to
use, reproduce, display, perform, modify, transmit, incorporate, distribute and
otherwise use its content, and any data, images, sounds, text ideas, concepts,
know-how or techniques contained therein, for any commercial or non-personal
purpose without limitation and without attribution or compensation to you.
(10.4) Company may but shall have no obligation to monitor, limit or restrict or
retain or forward any communication you transmit to or through this site.
(10.5) Company reserves the right at all times to review, retain, extract and/or
disclose any communication you transmit to or through this site, as necessary to
satisfy any applicable law, regulation, legal process, governmental request or the
terms and conditions hereof. By doing so, however, Company does not, either
expressly or impliedly, endorse, affirm or in any manner assume any responsibility
for such communications.
§11 Ownership of Data
Company is the sole owner of all rights, title and interests to and in this site, the
database and compilation thereof, and the derivative data generated there from.
§12 System Performance
The availability of this site and the response time of this site is not guaranteed
at any level or for any period of time. In the event there is system degradation,
Company reserves the right, in its sole discretion, to temporarily or permanently
filter or block the sources of large volume of electronic messages.
§13 Notices
Any notices from Company to you shall be deemed given if sent by E-Mail.
§14 General Disclaimer and Disclaimer of Warranty
(14.1) This site and the Content provided on this site may be subject to technical
inaccuracies or interruptions, errors, prior modifications, subsequent changes,
withdrawal or discontinuance at any time without notice. The accuracy,
completeness, security and proper functioning of this site are not guaranteed.
(14.2) Company does not warrant that this site and its linked sites are free of such
items as viruses, worms, trojan horses or other items of a destructive nature. It is
your responsibility to take precautions related thereto.
(14.3) THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS”. NO
WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED
THEREBY NOR CREATED BY COURSE OF DEALING, COURSE OF
PERFORMANCE OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO,
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EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY,
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT.
§15 Limitation of Liability
IN NO EVENT SHALL COMPANY NOR ITS THIRD PARTY VENDORS BE LIABLE
TO YOU FOR ANY DIRECT (EXCEEDING THE MONIES PAID BY YOU TO
COMPANY), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
TANGIBLE OR INTANGIBLE DAMAGES YOU MAY INCUR IN CONNECTION
WITH YOUR ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION,
LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM
OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND
DAMAGES RESULTED FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES,
RESULTED FROM LEAVING THIS SITE VIA A LINKED SITE, OR RESULTED FROM
ANY CLAIM BY ANY OTHER PARTY, EVEN IF COMPANY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT
THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN
THE CONTROL OF COMPANY.
§16 Indemnification
By accessing or using this site, you agree to indemnify and hold harmless
Company and its shareholders, directors, officers, employees, representatives,
agents, successors and assigns from any loss, damages, including without
limitation, direct, indirect, punitive, tangible or intangible, incidental, special or
consequential damages, and expenses, including but not limited to, attorneys’
fees, arising or resulting from or in any way connected with your access and/or
use of this site.
§17 No Assignment
Your rights and obligations provided hereunder are not assignable. Any
attempted or actual assignment thereof by you shall be null and void unless
expressly consented to in writing by Company.
§18 Governing Law
(18.1) This site is controlled and operated by Company from its office in Berlin,
Germany.
(18.2) Access and use of this site and the construction of this Terms of Use shall
be governed by and in accordance with the laws of the State of Delaware without
regard to its conflict of law principles.
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(18.3) For purposes hereof, the United Nations Convention on Contracts for the
International Sale of Goods does not apply hereto.
§19 Arbitration
Any controversy or claim relating hereto shall be resolved exclusively by final and
binding arbitration under the rules of the American Arbitration Association then
in effect, in its offices in New York, New York of the United States. The language
of the arbitration shall be English. Judgment upon the arbitration award may be
entered in any court having jurisdiction.
§20 Jurisdiction
You consent to the jurisdiction of the federal and state courts in the State of
Delaware, United States with respect to the enforcement of the arbitration
provisions hereof, and you waive any claim of lack of jurisdiction, improper venue
or inconvenient forum.
§21 Severability and Superseding Construction
(21.1) Each provision provided herein shall be independently enforceable in
accordance with its terms.
(21.2) Should any provision(s) provided herein be determined to be invalid
or unenforceable pursuant to applicable law by a competent authority with
jurisdiction, a valid and enforceable construction that is most close to the original
commercial intent expressed thereby shall be given to and supersede such
provision(s), while the balance hereof shall remain in full effect.
§22 Survival of Rights and Remedies
(22.1) The rights and remedies of Company hereunder shall be cumulative and
may be exercised concurrently or consecutively at Company’s option, in addition
to the rights and remedies available to Company at law and in equity, and shall
survive the termination of your access and use of this site.
(22.2) All rights and remedies not expressly provided herein are hereby reserved
by Company.
§23 Revision and Amendment
No modification or amendment of any provision provided herein shall be valid
unless the same is in writing and signed by Company. (23.2) Company reserves
right to revise or amend this Terms of Use at any time.
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§24 Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND
CONDITIONS AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR
ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF USING THIS INTERNET SITE, AND ARE NOT RELYING OPON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET
FORTH HEREIN.
§25 Licensing Agreement for Design Upload
(25.1) By accessing and/or using the Design Hub Upload, the person who submits
a design, hereafter (Designer), warrants and represents that Designer is the sole
creator of the Design and Design specification, and that to the best of his/her
knowledge his/her Designs and/or Art provided to the contractual partner Club
of Style Ltd Hong Kong (hereafter Club of Style) do not directly or indirectly
infringe or misappropriate domestic or foreign intellectual property rights of third
parties, or otherwise violate any rights of third parties.
(25.2) After a successful transfer from „Vote“, and before the Design is placed in
the online „Store“ for sale designer must agree to, and sign a licensing agreement
with Club of Style, where, amongst other conditions, the rate of Designer’s
commission to be paid will be agreed upon. If such an agreement is not reached
or confirmed by both parties, all Designer’s submission(s) and information held
by Club of Style will be removed from the system and all rights will return to
Designer.
(25.3) Designer grants to Club of Style , and its agent fashion4home Inc, an
exclusive license for the duration of the licensing agreement to manufacture,
market, advertise, distribute and sell the design worldwide in any sales channel
including its website.
§26 Entire Agreement
By access and use this site, you agree that the terms and conditions contained
herein represent the entire understanding between Company and you with
respect to your access and use of this site, and supersede any prior or
contemporaneous, conflicting or additional understanding or communications
with respect to the subject matter hereof, unless otherwise agreed by parties in
writing and signed by Company.
Last updated July 2010 Copyright © 2010 fashion4home, inc. | All Rights Reserved
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