Terms of Service
OVERVIEW
This website (“Site”) is operated by TFL LLC. All information, tools and services available from this Site to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the Site.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Our site is hosted on Netfirms. They provide us with the hosting platform that provide content services to you.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Any delay or failure by us to exercise or enforce any right or provision of the Terms agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
USE OF THE SERVICE
The Service is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, contests/sweepstakes, and elsewhere.
Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service resides or is accessible.
You acknowledge that we have not reviewed and do not necessarily endorse all of the content of Site (“Content”), applications, destinations or services linked to or accessible from this Service and are not responsible for the Content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk.
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Service, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service.
You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any content on or through the Service that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.
Content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
PROHIBITIONS ON USE OF THIS SERVICE
Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly: access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information; make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Terms agreement, us or the Service; falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or our licensors, vendors and/or service providers; or post, upload, transmit, send or otherwise make available on or through the Service any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, service providers, other users, and/or any third party.
Any attempt to do any of the foregoing prohibited acts, or to otherwise undermine the operation of the service, may be a violation of criminal and civil law. Should such an attempt be made, we reserve the right, in addition to our other remedies, to seek damages (including without limitation attorneys’ fees) from any such individual or entity to the fullest extent permitted by law, including criminal prosecution.
INTELLECTUAL PROPERTY
This Site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this Site, is owned by or licensed by TFL LLC or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries.
This includes but is not limited to “The Fashion Law,” “TFL,” and any other Site names and/or logos, as well as certain other names, logos, and materials displayed in connection with the Services constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
The Content on the Service, including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works.
Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.
ELECTRONIC NOTICES
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via email if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if Content made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content of theSite at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE SERVICE
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy below.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that use of the services is at your sole risk. We provide the services on an “as is” and “as available” basis. we expressly disclaim all warranties of any kind, whether express or implied, with respect to the TFL LLC Services (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). TFL LLC makes no warranty that the Services will meet your requirements, or that the services will be uninterrupted, timely, secure, free of viruses or other harmful components or error free, or that defects will be corrected. You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the services or their unavailability. We make no warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that defects in the services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from TFL LLC or through the services shall create any warranty not expressly made herein.
The Services and information on the Site is provided “as is.” TFL LLC does not warrant, either expressly or by implication, the accuracy of any materials or information provided on the Site or its suitability for any particular purpose, and expressly disclaim all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose.
Although the information provided to visitors on the Site is obtained or compiled from sources we believe to be reliable, the Site cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to visitors or its suitability for any particular purpose. Neither the Site, nor any of their parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents, operational or promotional providers, program producers or sponsors are liable or shall have responsibility of any kind to any visitor for any loss or damage that you incur in the event of: (i) any failure or interruption of this Site; (ii) any act or omission of any third party involved in making the Site or the data contained herein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the Site or materials on the Site; (iv) your interaction or submissions on the Site, including, but not limited to, resumé or employment submissions or dialogue between hosts; or (v) from your failure to comply with this agreement, whether or not the circumstances giving rise to such cause may have been within the control of the Site or of any vendor providing software, services or support.
Please be advised that once you leave the Site, your use of the internet will be governed by the terms of use agreements and privacy policies, if any, of the particular site that you are accessing, including those of our operational providers, advertisers, sponsors and promotional partners. The Site, its parent, partners, affiliates, subsidiaries, members, directors, officers, employees and agents will not be responsible or liable for the content, activities or privacy practices of the other sites, or any loss or damage that could result from leaving the Site.
You represent and warrant to us that execution, delivery and performance of any aspect(s) of these terms will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.
In no case shall TFL LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless TFL LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
ARBITRATION AGREEMENT
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate disputes and claims with TFL LLC and any of its subsidiaries, affiliates, brands and entities that it controls, and limits the manner in which you can seek relief from us.
Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please email us at info@thefashionlaw.com.
