Terms of use
Date of Last Revision: May, 2009.
The translation of this document into English is provided for your information only. In the event of any discrepancy, the French version of this document (found here) is the only legally binding version and will govern your relationship with FashionURule.
Welcome to the FashionURule website, an online shop for graphic software and a worldwide social network for fashion designers. The FashionURule service, network and website ("FashionURule" or "the Site") are operated by C-DESIGN® and its corporate affiliates ("us", "we", "the Company" or “C-DESIGN®”). By accessing or using our website at www.fashionurule.com (the "Site") or by posting a Share Button on your site, you (the "User" or “you”) signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use"), whether or not you are a registered member of FashionURule. C-DESIGN® reserves the right, at its sole discretion, to change, modify, add, or delete clauses of these Terms of Use at any time without further notice. In this case, C-DESIGN® will post the changes to these Terms of Use on this page and will indicate the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. By accepting these Terms of Use, you hereby agree to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
IMPORTANT NOTE
Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.
Eligibility
To be a Use of FashionURule, you must be an adult and fill in all the mandatory fields on the registration forms. If you are under the age of thirteen (13) years old, please do not subscribe to FashionURule and do not communicate personal data such as name, address, phone number or email address. No personal data can be communicated on or to FashionURule by anybody under the age of thirteen (13) years old. For persons who are between 13 and 18, we recommend to ask the permission of your parents before sending your information to anybody on Internet. In any event, parents are advised to exercise supervision over their children's online activities.
Registration – Personal information
You guarantee that the data you share with us on the Site is accurate and true. You agree to provide the Site a real email address, of which you are the actual owner. You waive any claim and/or legal action against FashionURule if you do not receive email messages from FashionURule sent to the address you have provided.
Once registered on the site FashionURule.com, you will be given one personal and confidential login and password. This must not be communicated to or shared with third parties. In no case will FashionURule be held responsible for the loss of your username and/or password.
Termination
In the event that you misuse the login/password, FashionURule reserves the right to terminate and delete your account without prior notice. You will be solely liable for the use of your account by third parties, whether fraudulent or not. You hereby agree indemnify FashionURule against any claim, fine or damages resulting from such misuse.
Besides, FashionURule does not have the technical means to check the identity of people registering to the Site. FashionURule will not be held responsible for any alleged or actual identity theft. If you notice that someone is using your account or your identity without your knowledge, you must inform us immediately by post at the aforementioned address:
C-DESIGN® - Customer Service - 55 rue Réaumur – 75002 Paris – France.
FashionURule reserves the right to deactivate the accounts of members who have not connected to the service for a period of 6 (six) months or more.
In accordance with relevant distant selling legislation, you are informed that you are entitled to a period of seven calendar days, from the date of subscription, to exercise your right of withdrawal without penalty and without cause. However, the right of withdrawal may no longer be exercised once you have accessed the features associated with this service.
Use of Software
The software and accompanying documentation that are made available to download from this Web site are the copyrighted work of C-DESIGN® and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, which accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you are not authorized to use the software.
Copyrights and Intellectual Property;
The trademarks, graphics, logos, photographs, animations, videos and texts included on the FashionURule Website are the intellectual property of FashionURule or its partners and may not be reproduced, used or represented by third parties without the express authorization of FashionURule or they will be prosecuted.
In any event, the content of the Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, posted, displayed, rent, transmitted, or sold in any form or by any means, in whole or in part, without C-DESIGN's prior written permission.
Except for your own Member Content, you agree not to download or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Site Content is strictly prohibited.
By accepting this Term of Use, you concede a User License of your intellectual property rights associated with the contents provided by you for the purpose of communication on the www.fashionurule.com site.
This license specifically grants FashionURule the right to reproduce, represent, adapt, translate, digitize, use for advertising, commercial or non commercial purposes, to sub-license or surrender any of your content (information, description, etc.).
These Terms of Use do not grant you the right to use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Trademarks
Fashion U Rule, C-DESIGN, Fashion U Rule Clubbing, Fashion U Rule Surf & Freeride, Fashion U Rule Beachwear, Fashion U Rule Rap & RNB and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in France, the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct
Acess to the Site is available to you only for your personal, non-commercial use only. By accepting these Terms of Use, you represent, warrant and agree that no materials of any kind submitted through your account will violate these Terms of Use, or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or be libelous, unlawful or defamatory.
In addition, you agree not to use the Service or the Site to:
*harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
*use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
*use automated scripts to collect information from or otherwise interact with the Service or the Site;
*download, post, transmit, share, store or otherwise make available any content that we deem to be harmful, unlawful, threatening, fraudulent, infringing, abusive, defamatory, harassing, inflammatory, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
*download, post, transmit, share, store or otherwise make available any photos other than those of a personal nature that: (a) are of you or your friends, (b) are taken by you or your friends, or (c) are original art or animation created by you or your friends;
*register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
*impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
*download, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
*download, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, passwords, phone numbers, email addresses, Social Security numbers, credit card numbers, bank account numbers, …;
*solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
*download, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
*intimidate or harass another;
*use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Site.
* download, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
* download, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
Governing Law and Jurisdiction
This Web site is controlled by C-DESIGN® from its offices in Paris, France. By accessing this Web site, you and C-DESIGN® agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of Paris, without regard to the conflicts of laws principles thereof. You and C-DESIGN® also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Paris with respect to such matters. C-DESIGN® makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do it on their own initiative and are responsible for compliance with local laws.
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