Terms of Use - Fashion for Home

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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. 6
§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 7
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Terms of Use - Fashion for Home

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