THIS USER AGREEMENT (“Agreement”) sets forth the terms and conditions under which a customer (“User”) works with the YouFashion (“Company”) website and its services. (“Company” and “User” individually, “Party” and collectively, “Parties”).
- Description of Services/Binding Agreement. Company is in the business of providing electronic delivery of information (“Content”) in the fashion industry (“Services”). Please read this Agreement carefully. By accessing the website and/or utilizing the Services, User accepts and agrees to be bound by this Agreement.
- Registration. Users can register to utilize the Services through the website. By completing such registration, an individual acting individually or as representative of an entity that information provided to Company is complete and accurate. Users must agree that usage of the Services will be limited to the registered User only, who will not, under any circumstances, allow your account to be utilized by any person other than the registered User.
- Equipment and Software. User is solely responsible, at User’s own cost and expense, for obtaining, installing, and maintaining suitable computer equipment, software, and internet service, including any necessary system or software upgrades, patches, updates, and fixes which may become necessary to access and use the Services. Minimum system requirements will apply to be able to use the Services effectively, which includes User’s sole responsible for maintaining such minimum system requirements at User’s own cost and expense including, without limitation, changes caused by any modification of any interfacing Internet site used to deliver Services. User is responsible for the management of his own electronic information including, but not limited to, (a) back-up and restoration of data, (b) maintenance of appropriate security procedures, firewalls, methods of encryption, and anti-malware and spyware systems and programs, and (c) maintenance of appropriate safeguards for User’s name and password. Company is not responsible for, and shall not have any responsibility for, the back-up and restoration of User’s information or for any loss of or disablement of access to User’s information, whether stored on your computer systems or elsewhere. Company does not guarantee 100% compatibility with all devices and/or operating systems except those expressly recommended by the Company. Company does not guarantee compatibility (with any device or operating system) for future updates or versions of that device, device software or operating system.
- Surviving Terms. Once posted, User grants to Company a permanent license to use that Content. User’s duties to indemnify Company also survive termination of the relationship between User and Company.
- Disclaimer of Warranties. Company (including its third-party suppliers and licensors) provides access to the company website on an “as is,” as available basis, with all faults, and hereby disclaims any and all warranties and conditions, whether express, implied, or statutory, including but not limited to any implied warranties or conditions of non-infringement, non-interference, compatibility of software programs, integration, security, or those warranties which may arise by course of dealing or course of trade. Company disclaims any and all warranties for lack of viruses or other disabling code or condition, and does not warrant the information, service, software, content and/or features available through the website will be uninterrupted, error free, or available 24 hours per day, 7 days per week. User assumes all risks arising out of the use, quality, accuracy or performance of the company website, and for ensuring that appropriate back-up measures are in place in the event of failure or unavailability of the website and/or services.
- Limitation of Liability. To the maximum extent allowed by law: in no event will the company be liable for (i) any special, direct, indirect, punitive, incidental, or consequential damages (including, but not limited to, , business interruption, or loss of programs or information) or any other damages arising out of or related to the availability, use, reliance on, or performance of the company website, the provision of or failure to provide the website or the services, loss of data, access or inability to access or use the website or use and reliance on information, content, or services available on or through the website including viruses alleged to have been obtained, or invasion of privacy from or through the website, regardless of the form of action, whether in contract, tort, or otherwise; or (ii) any claim attributable to errors, omissions, or other dysfunction of, destructive properties of, or non-performance of the website and/or services.
- Company’s Intellectual Property. With the exception of any third-party licensor software, all right, title, and interest in and to the website and the Services (including, without limitation, all copyrights, patents, trademarks, and service marks, whether registered or unregistered), all related software, programs, components, images, forms, animations, video, audio, text and the like, and copies of any and all of the foregoing (the “Intellectual Property”), are owned by Company. This User Agreement does not grant User any rights or interests in or to the use, distribution, or exploitation of the Intellectual Property, except as expressly authorized pursuant to the terms and conditions of this User Agreement. Any other use, distribution, and/or exploitation of the Intellectual Property are strictly prohibited.
- User’s Intellectual Property. Users agree that the Company is provided an unrestricted license to use any Content that Users add to the Company’s website, and Users indemnify Company for the use or misuse of any copyright protections and any claims or damages which result from such misuse as discussed elsewhere in this Agreement.
- Data Collection and Use. User agrees that Company may collect, use, and distribute data and related information (including, but not limited to, technical information pertaining to User’s computers, devices, systems, software, and peripherals), for purposes of improving Company’s products, customizing services, research and analysis, promotion of the website and the Services, and other commercial purposes; provided, however, that such information will not disclosed by Company in any manner that personally identifies User without User’s prior, written consent (unless required by compulsion of law). User agrees that Company may use information pertaining to the User for internal analysis, improving Company’s products, customizing services, research and analysis, promotion of the website and the Services, and other commercial purposes.
- Indemnification. User agrees to defend Company at its request, indemnify and hold Company harmless from and against any claims and losses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any use or connection with Company, and to cooperate with Company in the defense of any claim. Company reserves the right to assume exclusive defense and control of any matter subject to indemnification, and User may not settle a claim without Company’s written consent.
- Governing Law/Venue/Dispute Resolution. This User Agreement is deemed to be made and entered into in the State of Texas and shall be governed by the laws of the State of Texas, without regard to its conflicts of laws principles. Any action shall be brought and maintained exclusively in the state or federal courts in the State of Texas, and User hereby consents to the exclusive jurisdiction of such courts. User, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily, and intentionally waives any right User may have to a trial by jury in any litigation based upon or arising out of this User Agreement (and any other related agreement or instrument), the Services, the website, or any course of conduct, dealing, statements (whether oral or written), or actions of either Company or User, including their respective employees, officers, agents, successors, and assigns. User shall not seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished except by a written instrument executed by Company. User agrees that due to the nature of Company’s business, monetary damages are inadequate to protect Company from any threatened or actual breach of this User Agreement, any breach will cause irreparable harm to Company, and Company shall be entitled to injunctive relief to restrain any breach or threatened breach, without having to prove the inadequacy of monetary damages or irreparable harm independently. In the event of any breach of this User Agreement by User, in addition to such other sums as may be awarded to Company, Company shall be entitled to recover its reasonable attorney’s fees and expenses, whether incurred prior to or after filing of suit. The naming of a specific remedy shall not preclude the pursuit of any other remedy that may be available at law or in equity.
- Assignment/Severability. User shall not assign this User Agreement without the prior, written consent of Company. No delay in exercising any right, power, or privilege under this User Agreement shall operate as a waiver of such right, power, or privilege or any other right, power, or privilege. No provision of this User Agreement may be waived except in writing signed by the Party to be bound by such waiver. If any provision of this User Agreement is held to be unenforceable, the other provisions will remain in effect and, if possible, the offending provision modified to the slightest degree necessary to make such provision enforceable, remaining as close as possible to the original provision. This User Agreement does not create a partnership, joint venture, or any similar relationship between Company and User. The Company will protect User information even if the Company is sold or merges for a reasonable time before changing this Agreement.
- Company reserves the right to modify or amend this User Agreement at any time upon written notice thereof to User and User’s opportunity to accept or reject such modified terms and conditions. In the event that User rejects such modified terms and conditions, Company may elect to terminate this User Agreement, in Company’s sole and exclusive discretion.
- Prohibited Content. Users may not post violent, discriminatory, unlawful, infringing, hateful, pornographic or overtly prurient photos or other content via the Service.
- Privacy. Any information or content that a User voluntarily discloses to the Service becomes available to the public, as controlled by any applicable privacy. Company collects information for internal use, including profile information, user content, communications between User and Company, including log-on, device and location information. Company may share the information with partner affiliates. Company may send Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices) to Users. Note that Users may not opt out of Service-related e-mails. Note also that, once posted, information may remain viewable or public even if later removed, as other viewers and web archive tools may permanently store such information.
- Contact. You may contact us by use of the email address on our footer, with questions regarding this Agreement, any copyright take-down request, or any other associated communication.
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