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User
Agreement |
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Welcome to Fashion Avenue News
Network - news
and blog 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). Each blog is a personal blog
created by an individual blogger. |
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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.net. |
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FashionAvenue.net is a space that
allows members to create unique
blogs in order to share thoughts and
pictures with others. The services
offered by FashionAvenue.net ("FashionAvenue.net"
or "we") include the
FashionAvenue.net website (the "FashionAvenue.net
Website"), and any other features,
content, or applications offered
from time to time by
FashionAvenue.net in connection with
the FashionAvenue.net Website
(collectively, the "FashionAvenue.net
Services"). The FashionAvenue.net
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.net Services. By using
the FashionAvenue.net Services, you
agree to be bound by this Agreement,
whether you are a "Visitor" (which
means that you simply browse the
FashionAvenue.net Website) or you
are a "Member" (which means that you
have registered with
FashionAvenue.net). The term "User"
refers to a Visitor or a Member. You
are only authorized to use the
FashionAvenue.net 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.net,
you are bound to accept terms of our
user agreement and privacy policy.
It voids any prior user
agreement/contract between Users and
FashionAvenue.net.
This user agreement
supplements any other user
agreement/contract agreed to by
Users as a condition to
the use of the
FashionAvenue.net
web site. All Users acknowledge and agree to the terms
and conditions set forth in this
agreement. |
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Your Press-kit Submission |
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FashionAvenue.com, Inc.
reserve publishing rights
of your pictures, text and
logo on Fashion Avenue
News Network. We reserve
rights to use your
pictures, text and logo
directly from your website
on our website. Please let
us know if this is
agreeable to you. For any
reason if this is not
agreeable to you then we
will return your press-kit
back to you. |
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(1) Blog 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.net
offers a software platform to facilitate
users to write their original
thoughts and share their original pictures
with others. |
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(2) A Space:
FashionAvenue.net
is a space to share their original thoughts and
pictures with others. Users take a
total responsibility for using a space
on FashionAvenue.net.
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) Financial Obligations:
We offer a space to responsible
users. Users form a binding contract
with
FashionAvenue.net
to pay all dues for using the space
and services for additional special
services. |
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(6) Independent Contractors:
Users are separate
entities and they are independent
contractors. Neither
FashionAvenue.net
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: Family
members that include children view
our Website. Users are not allowed
to list pictures, information and
material that is of adult content in
any forms. Such contents will be
removed immediately without Users
being notified. Users agree to
remove or correct pictures,
information and contents of items
for sale when contacted by our
quality control department. |
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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.net. (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.net 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.net. Services will
also be terminated
for all types of
Users for any reasons
without notice. FashionAvenue.net
will owe nothing to Users
except the balance amount for the
unused services. Such actions are
taken to increase safety, security
and discipline. FashionAvenue.net 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.net 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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Please read our 'Privacy Policy' at
http://www.FashionAvenue.net/privacypolicy.htm.
Do not use our services if you do
not agree to our 'Privacy Policy.' |
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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.net 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.net:
FashionAvenue.net 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 to the FashionAvenue.net
Services. After posting your Content
to the FashionAvenue.net 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.net
Services, you hereby grant to
FashionAvenue.net a limited license
to use, modify, publicly perform,
publicly display, reproduce, and
distribute such Content solely on
and through the FashionAvenue.net
Services.
Without this license,
FashionAvenue.net would be unable to
provide the FashionAvenue.net
Services. For example, without the
right to modify Member Content,
FashionAvenue.net 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.net could not allow
Users to view to content posted by
Members. The license you grant to FashionAvenue.net is non-exclusive
(meaning you are free to license
your Content to anyone else in
addition to FashionAvenue.net),
fully-paid and royalty-free (meaning
that FashionAvenue.net is not
required to pay you for the use on
the FashionAvenue.net Services of
the Content that you post),
sublicensable (so that
FashionAvenue.net is able to use its
affiliates and subcontractors such
as Internet content delivery
networks to provide the
FashionAvenue.net Services), and
worldwide (because the Internet and
the FashionAvenue.net Services are
global in reach). This license will
terminate at the time you remove
your Content from the
FashionAvenue.net Services. The
license does not grant
FashionAvenue.net the right to sell
your Content, nor does the license
grant FashionAvenue.net the right to
distribute your Content outside of
the FashionAvenue.net Services.
You represent and
warrant that: (i) you own the
Content posted by you on or through
the FashionAvenue.net 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.net 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.net
Services.
The FashionAvenue.net Services
contain Content of FashionAvenue.net
("FashionAvenue.net Content").
FashionAvenue.net Content is
protected by copyright, trademark,
patent, trade secret and other laws,
and FashionAvenue.net owns and
retains all rights in the
FashionAvenue.net Content and the
FashionAvenue.net Services.
FashionAvenue.net hereby grants you
a limited, revocable,
nonsublicensable license to
reproduce and display the
FashionAvenue.net Content (excluding
any software code) solely for your
personal use in connection with
viewing the FashionAvenue.net
Website and using the
FashionAvenue.net Services.
The FashionAvenue.net Services
contain Content of Users and other
FashionAvenue.net 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.net
Services.
Content Posted.
FashionAvenue.net may delete any
Content that in the sole judgment of
FashionAvenue.net violates this
Agreement or which may be offensive,
illegal or violate the rights, harm,
or threaten the safety of any
person. FashionAvenue.net assumes no
responsibility for monitoring the
FashionAvenue.net Services for
inappropriate Content or conduct. If
at any time FashionAvenue.net
chooses, in its sole discretion, to
monitor the FashionAvenue.net
Services, FashionAvenue.net
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.net
Services, and any material or
information that you transmit to
other Members and for your
interactions with other Users.
FashionAvenue.net does not endorse
and has no control over the Content.
Content is not necessarily reviewed
by FashionAvenue.net prior to
posting and does not necessarily
reflect the opinions or policies of
FashionAvenue.net. FashionAvenue.net
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.net Services.
FashionAvenue.net reserves the right
to investigate and take appropriate
legal action against anyone who, in
FashionAvenue.net's sole discretion,
violates this provision, including
without limitation, removing the
offending communication from the
FashionAvenue.net Services and
terminating the Membership of such
violators. Prohibited Content
includes, but is not limited to
Content that, in the sole discretion
of FashionAvenue.net:
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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.
- 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.
- Your content that provides any
telephone numbers, street
addresses, last names, URLs or
email addresses.
- 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.
- 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.
- Your content that involves the
transmission of "junk mail,"
"chain letters," or unsolicited
mass mailing, instant messaging, "spimming,"
or "spamming".
- Your content that contains
restricted or password only access
pages or hidden pages or images
(those not linked to or from
another accessible page).
- 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.
- Your content that solicits
passwords or personal identifying
information for commercial or
unlawful purposes from other
Users.
- Your content that involves
commercial activities and/or sales
without our prior written consent
such as contests, sweepstakes,
barter, advertising, or pyramid
schemes.
- Your content that includes a
photograph of another person that
you have posted without that
person's consent; or
- 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.net
Website and through your use of the
FashionAvenue.net Services.
FashionAvenue.net reserves the right
to investigate and take appropriate
legal action against anyone who, in
FashionAvenue.net'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 tortious 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;
- Advertising to, or
solicitation of, any Member to buy
or sell any products or services
through the FashionAvenue.net
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.net 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.net
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.net 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.net Services, you
acknowledge that you will have
caused substantial harm to
FashionAvenue.net, but that the
amount of such harm would be
extremely difficult to ascertain.
- Covering or obscuring the
banner advertisements on your
personal profile page, or any
FashionAvenue.net page via HTML/CSS
or any other means;
- Any automated use of the
system, such as using scripts to
add friends or send comments or
messages;
- Interfering with, disrupting,
or creating an undue burden on the
FashionAvenue.net Services or the
networks or services connected to
the FashionAvenue.net Services;
- Attempting to impersonate
another Member or person;
- For band profiles, copying the
code for your FashionAvenue.net
Player and embedding it into other
profiles or asking other Members
to embed it into their profiles;
- 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;
- Using any information obtained
from the FashionAvenue.net
Services in order to harass,
abuse, or harm another person;
- 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.net 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; or
- Using the FashionAvenue.net
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.net. 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.net 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.net. (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., One
Padanaram Road #150C, Danbury, CT
06811 Phone: 203.744.0005 or
1.800.804.1460. |
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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.net and agree to
indemnify, defend and hold
FashionAvenue.net 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.net - 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.net. |
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FashionAvenue.net 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.net endorses their
items, services or offers. Use of
the FashionAvenue.net 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 and
FashionAvenue.net 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 and
FashionAvenue.net.
This user agreement
supplements any other user
agreement/contract agreed to by
users as a condition to the use of
the FashionAvenue.net web site. All
users acknowledge and agree to the
terms and conditions set forth in
this agreement.
When you use our affiliate services
or third party contents, additional
terms and conditions may apply. The
operations of our Web site 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 influence the
operation of the services we provide
to our users. 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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Policies and Guidelines: |
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Privacy policy
Listing Policy
Picture &
Information Policy
Feedback
Policy
Outage Policy
Cookie Policy
Safety &
Security Policy
Quality
Control Policy
Discussion
Board Policy
Intellectual
Property Rights Policy
Dispute Policy
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Disclaimer: |
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UNDER NO CIRCUMSTANCES SHALL
FASHIONAVENUE.NET BE LIABLE TO THE
USERS WITH RESPECT TO
ANY MATTER, FOR DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES (EVEN IF SUCH DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT
FASHIONAVENUE.NET HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES),
LOST PROFITS, ARISING OUT OF
BUSINESS BETWEEN USERS
AND FASHIONAVENUE.NET.
FASHIONAVENUE.NET EXPRESSLY
DISCLAIMS THE WARRANTIES OR
CONDITIONS OF INFRINGEMENT. IN ANY
EVENT, THE USERS AGREE
THAT IN NO EVENT SHALL
FASHIONAVENUE.NET BE LIABLE TO THE
USERS FOR MORE THAN THE
TOTAL AMOUNT PAID.
FASHIONAVENUE.NET DOES NOT MAKE ANY
REPRESENTATIONS OF ANY KIND AND
EXPRESSLY DISCLAIMS ALL THE
WARRANTIES, EXPRESS OR IMPLIED,
ARISING OUT OF OR RELATED TO USING
OUR SPACE. THIS INCLUDES ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND
IMPLIED WARRANTIES ARISING OUT OF
THE BUSINESS RELATIONSHIP OR FROM
COURSE OF DEALING OR COURSE OF
PERFORMANCE.
FASHIONAVENUE.NET DISCLAIMS ALL THE
REPRESENTATIONS, WARRANTIES, EXPRESS
OR IMPLIED, ARISING OUT OR
CONCERNING ANY CLAIMS AS TO THE
NUMBER OF VISITORS OR PERSONS WHO
MAY CLICK OR HAVE CLICKED ON
USERS’ ITEMS IN SHOPPING AREA.
FASHIONAVENUE.NET ALSO DISCLAIMS ALL
THE WARRANTIES, EXPRESS OR IMPLIED,
CONCERNING OR RELATED TO THE BENEFIT
THE USERS MAY OBTAIN BY
DOING BUSINESS WITH OR HAVING ANY
KIND OF BUSINESS ON
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