§1 Content
§2 Proprietary Rights
§3 Conditions of Access/Use
§4 Non-Exclusive Revocable License
§5 Dealing Through This Site
§6 Downloads
§7 Service/Product Availability
§8 Agency
§9 Privacy Policy
§10 Your Communication To/Through This Site
§11 Ownership of Data
§12 System Performance
§13 Notices
§14 General Disclaimer and Disclaimer of Warranty
§15 Limitation of Liability
§16 Indemnification
§17 No Assignment
§18 Governing Law
§19 Arbitration
§20 Jurisdiction
§21 Severability and Superseding Construction
§22 Survival of Rights and Remedies
§23 Revision and Amendment
§24 Independent Investigation
§25 Licensing Agreement for Design Upload
§26 Entire Agreement

§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) fashion4home, 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) fashion4home.com, fashion-4-home.com, fashion-for-home.com, fashion-four-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. (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.

§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 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, 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. (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

(23.1) 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.

§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