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Welcome to FashionAvenue.com
- a vibrant social network website
(the space for registered users to
store and share their original
thoughts, pictures, videos, music
etc.
with their friends and fans). Each blog is a
personal blog created by a
registered
individual member (known as a 'user'
of the space on FashionAvenue.com)
and is responsible to update and
maintain it. An individual member
take the total responsibility for
the contents (copyrights) used in
the blogs by him or her. |
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This member agreement will walk you
through terms and conditions
applicable to your use and access of
our services. You must
read, agree and accept our 'User
Agreement' and 'Privacy Policy'
before signing-up as a user. By
registering and accepting our user
agreement, you agree to be bound by
rules laid out for appropriate use
of our services – all terms
and conditions of this agreement,
policies and guidelines incorporated
by reference on
FashionAvenue.com. |
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FashionAvenue.com
is the space that allows you to
create your space to
share thoughts, pictures, videos,
music with
friends and fans. The services offered by
FashionAvenue.com
("FashionAvenue.com"
or "we") include the
FashionAvenue.com
website (the "FashionAvenue.com
Website"), and any other features,
content, or applications offered
from time to time by
FashionAvenue.com
in connection with the
FashionAvenue.com
Website (collectively, the "FashionAvenue.com
Services"). The
FashionAvenue.com
Services are hosted in the U.S.A. |
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This
Terms of Use Agreement ("Agreement")
sets forth the legally binding terms
for your use of the
FashionAvenue.com
Services. By using the
FashionAvenue.com
Services, you agree to be bound by
this Agreement, whether you are a
"Visitor" (which means that you
simply browse the
FashionAvenue.com
Website) or you are a "Member"
(which means that you have
registered with
FashionAvenue.com).
The term "User" refers to a Visitor
or a Member. You are only authorized
to use the
FashionAvenue.com
Services (regardless of whether your
access or use is intended) if you
agree to abide by all applicable
laws and to this Agreement.
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We reserve the right to amend the
user agreement without prior notice
except the privacy policy, where
registered users will be given
thirty day notice before it goes
into effect. These amendments are
necessary for the safety, security
and smooth operation for Users. A
new and revised user agreement will
automatically constitute its
acceptance by all users. Please
check our announcement board for
such changes. |
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Once you become a User on
FashionAvenue.com,
you are bound to accept terms of our
user agreement and privacy policy.
It voids any prior user
agreement/contract between Users and
FashionAvenue.com.
This user agreement
supplements any other user
agreement/contract agreed to by
Users as a condition to the use of
the
FashionAvenue.com
web site. All Users acknowledge and
agree to the terms and conditions
set forth in this agreement.
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Welcome to FashionAvenue.com
- social network website (a space
for the registered users to share
their original thoughts, pictures,
videos, music and more with friends
and family members or new fans).
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This member agreement will walk you
through terms and conditions
applicable to your use and access of
our "Blogging" services. You must
read, agree and accept our 'User
Agreement' and 'Privacy Policy'
before signing-up as a user. By
registering and accepting our user
agreement, you agree to be bound by
rules laid out for appropriate use
of "Blogging" services – all terms
and conditions of this agreement,
policies and guidelines incorporated
by reference on
FashionAvenue.com. |
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FashionAvenue.com is a space that
allows members to create unique
blogs in order to share thoughts and
pictures with others. The services
offered by FashionAvenue.com
("FashionAvenue.com" or "we")
include the FashionAvenue.com
website (the "FashionAvenue.com
Website"), and any other features,
content, or applications offered
from time to time by
FashionAvenue.com in connection with
the FashionAvenue.com Website
(collectively, the
"FashionAvenue.com Services"). The
FashionAvenue.com Services are
hosted in the U.S. |
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This
Terms of Use Agreement ("Agreement")
sets forth the legally binding terms
for your use of the
FashionAvenue.com Services. By using
the FashionAvenue.com Services, you
agree to be bound by this Agreement,
whether you are a "Visitor" (which
means that you simply browse the
FashionAvenue.com Website) or you
are a "Member" (which means that you
have registered with
FashionAvenue.com). The term "User"
refers to a Visitor or a Member. You
are only authorized to use the
FashionAvenue.com Services
(regardless of whether your access
or use is intended) if you agree to
abide by all applicable laws and to
this Agreement. |
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We reserve the right to amend the
user agreement without prior notice
except the privacy policy, where
registered users will be given
thirty day notice before it goes
into effect. These amendments are
necessary for the safety, security
and smooth operation for Users. A
new and revised user agreement will
automatically constitute its
acceptance by all users. Please
check our announcement board for
such changes. |
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Once you become a User on
FashionAvenue.com, you are bound to
accept terms of our user agreement
and privacy policy. It voids any
prior user agreement/contract
between Users and FashionAvenue.com.
This user agreement
supplements any other user
agreement/contract agreed to by
Users as a condition to the use of
the
FashionAvenue.com
web site. All Users acknowledge and
agree to the terms and conditions
set forth in this agreement.
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(1) Social Network Website:
Users must read and understand
our user agreement and privacy
policy before registering. Users
must become a registered members
before using our services.
FashionAvenue.com offers a platform to facilitate users to
write their original thoughts and
share their original pictures with
others. |
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(2) Space:
FashionAvenue.com is a space to
share original thoughts and
pictures with others. Users take a
total responsibility for using a
space on FashionAvenue.com. No other
activity is allowed. The misuse of
our space for any purpose will be a
violation and your membership is
subject to termination immediately
without notice. |
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(3) Membership Qualification:
Memberships are strictly limited to
Users who irrevocably accept our
user agreement and privacy policy
and agree to form a legally binding
contract within the framework of an
applicable law. Users must be
minimum 13 years of age or more to
qualify. |
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(4) Registration Obligations:
Registration is necessary to operate
our system within the framework of
the user agreement and privacy
policy. Unregistered members are not
welcome. You must register as a User
using our system and agree to our
user agreement and privacy policy. |
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(5) Free Space:
FashionAvenue.com is a venue where
you can share your thoughts with
other creatively inspired people. We
offer the space on our Website to responsible users
free of any cost. |
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(6) Independent Contractors:
Users are separate entities and they
are independent contractors. Neither
FashionAvenue.com nor Users are
agents or representatives or
partners of the other. No
partnership, agency, alliance, joint
venture, employee & employer
relationship, franchiser &
franchisee relationships are created
or intended out of using our space.
Business relations with all types
of Users will end
and
contracts with them will be void in
case of the transfer of ownership of
the company. In case of any
questions or actions arising out of
this agreement, Users hereby
irrevocably consent to the exclusive
jurisdiction of the State of
Connecticut. This agreement will be
interpreted and construed in
accordance with the Connecticut
State law. |
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(7) Content: FashionAvenue.com
is viewed by family members
including children. Users are not
allowed to post text, pictures,
information and material that is of
adult content in any forms. Such
contents will be removed immediately
without users being notified. Your
account can also be suspended
without notice to you for the
violation. |
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(8) Members' Conduct:
Users are required to use our user
agreement and privacy policy as a
guideline for good conduct. Users
must respect each other's
confidentiality while transacting
online on our Website. Guidelines
include but are not limited to (1)
Users must read, interpret,
understand and accept and agree to
our user agreement and privacy
policy before they sign up on our
Website. (2) Users are required to
provide their valid identification
information. (3) Users assume a
personal responsibility for posting
text and pictures on
FashionAvenue.com. (5) Users must
not violate copyright rights of
others.(8) Users are never allowed
to use abusive language with other
users Disciplinary action may be
taken against abusers and it may
result in the termination of their
accounts. |
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(9) Suspension or Termination:
FashionAvenue.com reserve the right
to use discretion to terminate
users' accounts, passwords or part
of accounts, use of the total
service or part of services, remove
any contents or part of contents,
pictures and information. We also
reserve the right to ban users from
accessing and using our services
without giving prior notice.
Services will be terminated for all
types of Users in case of the
transfer of ownership of
FashionAvenue.com. Services will
also be terminated
for all types of
Users for any reasons without
notice. FashionAvenue.com will owe
nothing to Users except the balance
amount for the unused services. Such
actions are taken to increase
safety, security and discipline.
FashionAvenue.com will not be liable
legally in any way to users when we
terminate their services without
giving notice in advance and do not
allow users to access our services
further. |
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(10) Dispute Resolution:
Most disputes are the result of
simple misunderstanding between
Users. Disputes may have several
reasons. Users are required to
mutually resolve disputes within the
framework of the user agreement. |
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For any reason, when users have
disputes with other users or owners
of intellectual properties, Users
agree to release FashionAvenue.com
and every employee of our company,
officers, executives, agents,
friends, directors, subsidiaries,
joint ventures, national and
international affiliates from
claims, demands and damages (actual
and consequential) of every kind in
nature, known and unknown, expected
and unexpected, suspected and
unsuspected, disclosed and
undisclosed, arising out of such
disputes. |
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(11) Communication:
Users may communicate with one
another using our features. They may
also communicate with each other in
our ‘community’ section and exchange
related questions and answers. In
either section, users are not
allowed to exchange their contact
information. |
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(12) Interference:
Users are not allowed to use
automatic device, robot, spider,
indigenously developed method or
manual techniques to access our Web
pages. Users will not design and
develop a hardware or software that
may create interference with our
day-to-day operations. Our system
operates based on the calculated
loads. Any actions by users that
bring extra load may crash our
system’s operations and that will
never be tolerated. Users will
respect the use of information on
our Website within the framework of
the user agreement and agree to
avoid any actions that may cause
disturbances. |
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(13) Privacy: Your
personal information is an asset to
us. We collect your personal
information when you sign up as a
new user. You must read our
privacy policy before disclosing
your personal information. We do not
sell, rent or lease your private
information to the third parties
except our payment service
providers. The information that you
provide us about you is used
according to our privacy policy. Our
secured servers protect your
information all 24 hours. |
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(14) Remedies, Responsibility
& Indemnification: In the
event of a termination of membership
for reasons other than a material
breach of the agreement, the user
agrees to accept only a prorated
refund of the fee If paid by users
for using our services. Users hereby
waive all claims for any damage
resulting from the termination of
the membership. Users further agree
that the maximum liability of
FashionAvenue.com in the event of
the termination of membership or in
the event of their breach of the
agreement, will in no event exceed
the total fees paid by users for
using our services. |
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(15)
Proprietary Rights in Content on
FashionAvenue.com:
FashionAvenue.com does not claim any
ownership rights in the text, files,
images, photos, video, sounds,
musical works, works of authorship,
or any other materials
(collectively, "Content") that you
post on the FashionAvenue.com. After posting your
content
to the FashionAvenue.com Services,
you continue to retain all ownership
rights in such Content, and you
continue to have the right to use
your Content in any way you choose.
By displaying or publishing
("posting") any Content on or
through the FashionAvenue.com
Services, you hereby grant to
FashionAvenue.com a limited license
to use, modify, publicly perform,
publicly display, reproduce, and
distribute such Content solely on
and through the FashionAvenue.com
Services.
Without this license,
FashionAvenue.com would be unable to
provide the FashionAvenue.com
Services. For example, without the
right to modify Member Content,
FashionAvenue.com would not be able
to digitally compress files that
Members submit or otherwise format
content to satisfy technical
requirements, and without the right
to publicly perform member content,
FashionAvenue.com could not allow
Users to view to content posted by
Members. The license you grant to
FashionAvenue.com is non-exclusive
(meaning you are free to license
your Content to anyone else in
addition to FashionAvenue.com),
fully-paid and royalty-free (meaning
that FashionAvenue.com is not
required to pay you for the use on
the FashionAvenue.com Services of
the Content that you post),
sublicensable (so that
FashionAvenue.com is able to use its
affiliates and subcontractors such
as Internet content delivery
networks to provide the
FashionAvenue.com Services), and
worldwide (because the Internet and
the FashionAvenue.com Services are
global in reach). This license will
terminate at the time you remove
your Content from the
FashionAvenue.com Services. The
license does not grant
FashionAvenue.com the right to sell
your Content, nor does the license
grant FashionAvenue.com the right to
distribute your Content outside of
the FashionAvenue.com Services.
You represent and
warrant that: (i) you own the
Content posted by you on or through
the FashionAvenue.com Services or
otherwise have the right to grant
the license set forth in this
section, and (ii) the posting of
your Content on or through the
FashionAvenue.com Services does not
violate the privacy rights,
publicity rights, copyrights,
contract rights or any other rights
of any person. You agree to pay for
all royalties, fees, and any other
monies owing any person by reason of
any Content posted by you to or
through the FashionAvenue.com
Services.
The FashionAvenue.com Services
contain Content of FashionAvenue.com
("FashionAvenue.com Content").
FashionAvenue.com Content is
protected by copyright, trademark,
patent, trade secret and other laws,
and FashionAvenue.com owns and
retains all rights in the
FashionAvenue.com Content and the
FashionAvenue.com Services.
FashionAvenue.com hereby grants you
a limited, revocable,
nonsublicensable license to
reproduce and display the
FashionAvenue.com Content (excluding
any software code) solely for your
personal use in connection with
viewing the FashionAvenue.com
Website and using the
FashionAvenue.com Services.
The FashionAvenue.com Services
contain Content of Users and other
FashionAvenue.com licensors. Except
for Content posted by you, you may
not copy, modify, translate,
publish, broadcast, transmit,
distribute, perform, display, or
sell any Content appearing on or
through the FashionAvenue.com
Services.
Content Posted:
FashionAvenue.com may delete any
Content that in the sole judgment of
FashionAvenue.com violates this
Agreement or which may be offensive,
illegal or violate the rights, harm,
or threaten the safety of any
person. FashionAvenue.com assumes no
responsibility for monitoring the
FashionAvenue.com Services for
inappropriate Content or conduct. If
at any time FashionAvenue.com
chooses, in its sole discretion, to
monitor the FashionAvenue.com
Services, FashionAvenue.com
nonetheless assumes no
responsibility for the Content, no
obligation to modify or remove any
inappropriate Content, and no
responsibility for the conduct of
the User submitting any such
Content.
You are solely responsible for
the Content that you post on or
through any of the FashionAvenue.com
Services, and any material or
information that you transmit to
other Members and for your
interactions with other Users.
FashionAvenue.com does not endorse
and has no control over the Content.
Content is not necessarily reviewed
by FashionAvenue.com prior to
posting and does not necessarily
reflect the opinions or policies of
FashionAvenue.com. FashionAvenue.com
makes no warranties, express or
implied, as to the Content or to the
accuracy and reliability of the
Content or any material or
information that you transmit to
other Members.
Content/Activity
Prohibited:
The following is a partial list of
the kind of Content that is illegal
or prohibited to post on or through
the FashionAvenue.com Services.
FashionAvenue.com reserves the right
to investigate and take appropriate
legal action against anyone who, in
FashionAvenue.com's sole discretion,
violates this provision, including
without limitation, removing the
offending communication from the
FashionAvenue.com Services and
terminating the Membership of such
violators. Prohibited Content
includes, but is not limited to
Content that, in the sole discretion
of FashionAvenue.com:
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Your content that is patently
offensive and promotes racism,
bigotry, hatred or physical harm
of any kind against any group or
individual.
- Your content that harasses or
advocates harassment of another
person.
- Your content that exploits
people in a sexual or violent
manner.
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Your content that contains
nudity, violence, or offensive
subject matter or contains a link
to an adult website.
- Your content that solicits
personal information from anyone
under 18.
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Your content that provides any
telephone numbers, street
addresses, last names, URLs or
email addresses.
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Your content that promotes
information that you know is false
or misleading or promotes illegal
activities or conduct that is
abusive, threatening, obscene,
defamatory or libelous.
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Your content that promotes an
illegal or unauthorized copy of
another person's copyrighted work,
such as providing pirated computer
programs or links to them,
providing information to
circumvent manufacture-installed
copy-protect devices, or providing
pirated music or links to pirated
music files.
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Your content that involves the
transmission of "junk mail,"
"chain letters," or unsolicited
mass mailing, instant messaging, "spimming,"
or "spamming".
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Your content that contains
restricted or password only access
pages or hidden pages or images
those not linked to or from
another accessible page.
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Your content that furthers or
promotes any criminal activity or
enterprise or provides
instructional information about
illegal activities including, but
not limited to making or buying
illegal weapons, violating
someone's privacy, or providing or
creating computer viruses.
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Your content that solicits
passwords or personal identifying
information for commercial or
unlawful purposes from other
Users.
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Your content that involves
commercial activities and/or sales
without our prior written consent
such as contests, sweepstakes,
barter, advertising, or pyramid
schemes.
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Your content
that includes a photograph of
another person that you have
posted without that person's
consent.
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Your content for band and
filmmaker profiles, uses sexually
suggestive imagery or any other
unfair, misleading or deceptive
Content intended to draw traffic
to the profile.
The
following is a partial list of the
kind of activity that is illegal or
prohibited on the FashionAvenue.com
Website and through your use of the
FashionAvenue.com Services.
FashionAvenue.com reserves the right
to investigate and take appropriate
legal action against anyone who, in
FashionAvenue.com's sole discretion,
violates this provision, including
without limitation, reporting you to
law enforcement authorities.
Prohibited activity includes, but is
not limited to:
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Criminal or tortuous activity,
including child pornography,
fraud, trafficking in obscene
material, drug dealing, gambling,
harassment, stalking, spamming,
spimming, sending of viruses or
other harmful files, copyright
infringement, patent infringement,
or theft of trade secrets;
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Advertising to, or
solicitation of, any Member to buy
or sell any products or services
through the FashionAvenue.com
"Message Services." You may not transmit any
chain letters or junk email to
other Members. It is also a
violation of these rules to use
any information obtained from the
FashionAvenue.com Services in
order to contact, advertise to,
solicit, or sell to any Member
without their prior explicit
consent. In order to protect our
Members from such advertising or
solicitation, FashionAvenue.com
reserves the right to restrict the
number of emails which a Member
may send to other Members in any
24-hour period to a number which
FashionAvenue.com deems
appropriate in its sole
discretion. If you breach this
Agreement and send unsolicited
bulk email, instant messages or
other unsolicited communications
of any kind through the
FashionAvenue.com Services, you
acknowledge that you will have
caused substantial harm to
FashionAvenue.com, but that the
amount of such harm would be
extremely difficult to ascertain.
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Covering or obscuring the
banner advertisements on your
personal profile page, or any
FashionAvenue.com page via HTML/CSS
or any other means.
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Any automated
use of the system, such as using
scripts to add friends or send
comments or messages.
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Interfering
with, disrupting, or creating an
undue burden on the
FashionAvenue.com Services or the
networks or services connected to
the FashionAvenue.com Services.
- Attempting to impersonate
another Member or person;
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For band
profiles, copying the code for
your FashionAvenue.com Player and
embedding it into other profiles
or asking other Members to embed
it into their profiles.
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Using the
account, username, or password of
another Member at any time or
disclosing your password to any
third party or permitting any
third party to access your
account.
- Selling or otherwise
transferring your profile;
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Using any
information obtained from the
FashionAvenue.com Services in
order to harass, abuse, or harm
another person.
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Displaying an advertisement on
your profile, or accepting payment
or anything of value from a third
person in exchange for your
performing any commercial activity
on or through the
FashionAvenue.com Services on
behalf of that person, such as
placing commercial content on your
profile, posting blogs or
bulletins with a commercial
purpose, selecting a profile with
a commercial purpose as one of
your "Top 8" friends, or sending
private messages with a commercial
purpose.
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Using the FashionAvenue.com
Services in a manner inconsistent
with any and all applicable laws
and regulations.
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(16) Copyrights:
Users
must own copyrights of all material
being posted by them on
FashionAvenue.com.
Users
are not
allowed to post, modify, distribute,
or reproduce in any way any
copyrighted material, trademarks, or
other proprietary information
belonging to others without a
written permission from the owners
of such intellectual properties. Any
organization or individual designer,
artist or craftsmen, if you believe
that your work has been copied and
posted on the
FashionAvenue.com
in a way that constitutes copyright
infringement, please provide our
Legal Department with the
following information: (1) An
electronic or physical signature of
the person authorized to act on
behalf of the owner of the copyright
interest (2) A description of the
copyrighted work that you claim has
been infringed. (3) A description of
where the material that you claim is
infringing is located on
FashionAvenue.com.
(4) your address, telephone number,
and email address. (5) A written
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. (6) 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 authorized to act
on the copyright owner's behalf.
Contact our Legal Department,
FashionAvenue.com, Inc., 163 South
Street # 52, Danbury, CT 06810. |
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Users bear the sole responsibility
for any legal liability arising out
of infringement of trademark or
copyright law for posting
copyrighted material - text,
pictures or video on
FashionAvenue.com
and agree to indemnify, defend and
hold
FashionAvenue.com
and its officers, directors, agents,
affiliates, distributors,
franchises, and employees harmless
from or against any and all
liability, losses, damages, claims,
or cause of action, including legal
fees (including, without limitation,
attorney fees), and expenses that
may be incurred by
FashionAvenue.com
- this includes the product
displays, text material, content,
graphics, images, captions or breach
of any of the foregoing
representations and warranties. User
must acquire a necessary license to
use text or pictures before using
our space on
FashionAvenue.com. |
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FashionAvenue.com
will notify users of any claims,
actions or demands for which
indemnity is claimed by anyone at
any time. We reserve the right to
participate fully and assume joint
control of the defense of any
action. Users’ counsel or lawyer
defending such action shall be
subject to our written approval. The
settlement shall be subject to our
written approval. |
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(17) Reservation Of Rights:
All users grant us national &
international, non-exclusive,
royalty free, irrevocable, perpetual
rights for publishing pictures and
information of their items listed
for sale. We reserve the right to
publish information & pictures of
items listed by Users on our Website
in any possible forms in the
currently known and future’s unknown
media. You grant us non-exclusive
rights to publish your material – of
which you are the sole copyright
owner. |
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(18) No Endorsement:
Users hereby covenants and agrees
not to state or imply in its
advertising or on its Web site that
FashionAvenue.com
endorses their items, services or
offers. Use of the
FashionAvenue.com
in any form on promotional display
or Web site or publicity by users is
subject to the receipt of prior
written approval. |
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General Release:
The user agreement is designed for
safety, security and to build the
trust among Users – this agreement
is between you as a user of
FashionAvenue.com and
FashionAvenue.com
Website
and shall be governed by the
Connecticut State laws irrespective
of the location from where you
access and use our services. If for
any reasons - any provision of this
agreement is proved invalid or
unenforceable then the rest of the
provisions shall be enforced. This
user agreement governs your use of
our Web site. It voids any prior
user agreement/contract between you
as a user and FashionAvenue.com
Website.
This user agreement
supplements any other user
agreement/contract agreed to by
users as a condition to the use of
the
FashionAvenue.com
Website. All users acknowledge and
agree to the terms and conditions
set forth in this agreement before
using our services.
When you use our affiliate services
or third party contents, additional
terms and conditions may apply. The
operations of our Website may not
be or cannot be uninterrupted.
Therefore, we do not guarantee
uninterrupted, continuous and
secured services all the time. There
are many factors that are not under
our control and that influences the
operation of the services we provide
to our users that is you. We reserve right to
assign this agreement to a third
party in case of merger or
acquisition. Our failure to react to
a breach of the agreement by you or
by third parties does not waive our
rights to act with respect to
similar subsequent breaches. |
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UNDER NO CIRCUMSTANCES SHALL
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USERS WITH RESPECT TO ANY MATTER,
FOR DIRECT, INCIDENTAL,
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EXPRESSLY DISCLAIMS THE WARRANTIES
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