document: title: terms of use and privacy
text: Terms and Conditions

January 21, 2010

The following Terms and Conditions (“User Terms”, “Terms and Conditions”) govern the use of the website www.nowfashion.com (“Website”, “Site”), including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided by NOWFASHION SARL (“Service Provider”, “NOWFASHION”, “us/we”).

Please read these User Terms carefully. They are a legal document and, by your continued use of the Website, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:

Clause 6 – Your Responsibilities

Clause 7 – Consent to use Your Personal Information

Clause 8 – Limitation of Liability

The User Terms may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to other eventual remedies.

If you do not agree with these User Terms and do not wish to be bound by them, please exit this Website and do not use the Website in the future.

Service Provider

NOWFASHION SARL

22, rue de la Verrerie

75004 Paris, FRANCE

Publication of online information is protected by the Freedom of the Media and Public Communication through Electronic Means.

The Service Provider of the Website is the only authorised to define the conditions of provision to the public, of use, and access to any information introduced in the databases implemented by the automatic treatment system assuring the publishing of the online service.

1 Privacy Policy

In application of the measures of the modified law N 78-17 of January 6th, 1978 called “Informatique et Libertés“, every individual is granted the right to access, modify, rectify and delete the data concerning himself. The exercise of these rights can be made at any time by mail or e-mail at the following addresses:

NOWFASHION SARL

Privacy Policy

22, rue de la Verrerie

75004 Paris, FRANCE

All use of the Website is registered. The User is informed about the faculty of the Service Provider to set up automatic data collectors in order to identify the User and trace his successive visits on the Website. In certain cases, the User can be asked to supply personal data for statistical purposes. Moreover, the User is informed about the fact that Service Provider can use these data for direct marketing purposes concerning products or similar services. User can access these data and can oppose, free of charge, to these uses by writing at the address indicated above at any time.

Any transfer to third parties (such as commercial partners, etc.) of these data will be subjected to preliminary agreement of the User.

The Service Provider commits to take all technical precautions in order to protect the security of the personal data, in particular to prevent that they are deformed, damaged or communicated to non-authorised parties.

2 Merchandise sold on or through the Website

2.1 Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the Website. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the Website, including illegal, offensive or illicit items, even items that violate this Agreement.

2.2 The goods and services (“Merchandise”) which may be purchased by you from companies or individuals other than NOWFASHION (“Merchants”) via third party and/or third party web sites linked to this Web Site are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not NOWFASHION) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant’s website or otherwise is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that NOWFASHION shall have no responsibility, obligations or liability in relation to the Merchandise.

2.3 You further acknowledge that NOWFASHION is not responsible or liable directly or indirectly for any change or loss whatsoever and howsoever arising or resulting from your use of or reliance on any consent, material or goods or services available through, on or from any Merchant or Merchant’s websites. It is important that you check the privacy policy, terms and conditions of use and content of any website and/or Merchant’s information accessible to you from this website.

2.4 If you register for any prize competitions, promotions or other give-aways on the Website, separate Terms and Conditions which are located on the Website, shall also apply in addition to the remainder of these User Terms.

3 Intellectual Property

3.1 Licence to Use Material on Website

3.1.1 Service Provider grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Website (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘NOWFASHION Material’) on the basis set out in Clause 3.1.2.

3.1.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the Service Provider’s material for your own personal, non-commercial use provided that you do not:

• remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.2.1 below) in the NOWFASHION Material;

• modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Service Provider’s material;  
• rent, lease, sub-licence, loan, copy or give or transfer any rights in the Service Provider’s material in any form, to any person or entity without the prior written consent of the Service Provider.  
3.2 Ownership of Intellectual Property Rights

3.2.1 Notwithstanding the limited rights granted to you in accordance with Clause 3.1, the Service Provider, or the Service Provider’s suppliers, subcontractors and agents (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the Service Provider’s material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world (‘Intellectual Property Rights’).

3.2.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Website or in using any of the Website Interactive Services (all user generated content) may be retained as the property of the Service Provider. Service Provider shall have no obligations with regard to the user-generated content to monitor the Website Interactive Services to ensure that it complies with applicable laws or regulations. You remain solely responsible for the user-generated content that you post in the Website Interactive Services, in accordance with Clause 6.

4 Links

The Website might contain links to other websites.

You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.

5 Service Provider Responsibilities

5.1 The Service Provider commits to assure its best efforts in order to offer updated and exact information. However, it would not to be considered as responsible for errors, omissions or results obtained by a misuse of this information. Service Provider reserves the right to correct them, as soon as these errors are brought to its knowledge and, more generally, to modify, at any time, without advanced notice, all or any part of the Website, as well as its Terms and Conditions, without its responsibility being engaged. The download of any material and content during the use of the service will be at the User own risk. User will be the only responsible for any damage occurred to his computer or any loss of data as a consequence of this download. More generally, the NOWFASHION will not be responsible in case of direct and\or indirect damage resulting from the use of this Website.

Service Provider responsibility undertakes to use commercially reasonable endeavours to prevent breaches of security of the Website.

5.2 NOWFASHION makes no representation or warranty that the Website or services offered via the Website Interactive Services [(i.e. bulletin boards, chat, blogs, comment posting, etc (except any Merchandise made available by Merchants via links to this Website, which are subject to the separate Merchant terms and conditions as mentioned in Clause 2.3)) will be accessible, or useable by you or error free.

5.3 NOWFASHION takes no liability for any failure or interruption of the Website or any inability to access or use the Website or any features, products or services on the Website.

5.4 NOWFASHION reserves the right, without notice to you, to remove any NOWFASHION Material from the Website or to suspend or alter the operation of the Website or any Website Interactive Services, at its sole discretion or for legal or technical reasons. NOWFASHION will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.

6  Rules of Usage of the Website and of Website Interactive Services

6.1 General Information

NOWFASHION gives the opportunity to all its Users to access some interactive services such as blogs, comment-posting, picture slide-shows, user profiles, etc. (here referred to as « Interactive Services ») which allow Users to interact with the content of the Website and with other Users, and which automatically produce some user generated content.

Users are fully responsible of content they publish through the Website Interactive Services.

In order to communicate and express yourself over the internet users must strictly follow courtesy rules and good manners.

The Interactive Services do not concern the editorial activity of the Service Provider of the Website who is only giving to Users the possibility to access the Website Interactive Services and storing the contents produced on its own Website. So the published contents should not be considered as reflecting the opinions of the editorial staff of the Website but engage their only author. At any time during office hours, Users can ask the Service Provider that his contributions to an Interactive Service are deleted.

Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website and the Website Interactive Services. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

The responsibility of the Service Provider is the one of a technical provider such as defined in article 6.I-1 of the law on « Trust in the Digital Economy » of the 21 June 2004 (Confiance dans l’Economie Numérique).

6.2 Monitoring

6.2.1 In order to provide an enjoyable online experience for all Users, the Service Provider may monitor activity on the Website, especially within the Website Interactive Services (personal comments, forums, chats, etc.), to foster compliance with these User Terms. All Users of the Website hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.

6.2.2 Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website or any of the Website Interactive Services, in its sole discretion, without notice. All users may notify the Service Provider of any abuse occurred, text or other element posted, by any of the Website Users, which breaches the User Terms. This notification shall be done by contacting us by mail

6.3 User’s Responsibilities and Obligations

6.3.1 You agree that you will use this Website in a lawful manner that is consistent with all applicable laws and regulations.

6.3.2 In order to access or use the Website, or any Website Interactive Services, the Service Provider may at times require that you register and/or set up an account. You agree and represent that all registration information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available.

You are responsible for the security and use of any user names or passwords needed to access or use the Website or any Website Interactive Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Website or any of the Website Interactive Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Website using your user name and/ or password. All such information will be considered sent and authorised by you.

6.3.3 You agree that you will not use the Website or any of the Website Interactive Services as follows:

• to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;  
• to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry;  
• for any purposes connected to any business, including sending any unsolicited advertisements or promotional material;  
• to use or attempt to use any software, engine, or any other means to navigate or search this Website other than the navigation tools and search facilities available on this Website and general third party browsers;  
• to carry out any activities in relation to “screen scraping” or “database scraping” to obtain lists of users, URLs, Internet Keywords or other information;  
• to access the Website by any means other than through the interface that is provided by the Service Provider for use in accessing the Website;  
• to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;  
• to do anything which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;  
• to interfere with or disrupt the Website and/or Website Interactive Services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website;  
• or to collect or store personal data about other users of this Website whether or not for commercial purpose without their consent. This means no posting of phone numbers, addresses or any other private information without the express permission of that individual.

6.3.4 Indemnification

You agree to indemnify the Service Provider against any claims, costs, expenses or legal proceedings caused as a result of your use of the Website or Website Interactive Services in contravention of Clauses 6.3.1, 6.3.2, and 6.3.3, further in these circumstances, the Service Provider shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by the Service Provider forthwith, without notice to you.

7  Consent to use Your Personal Information / Privacy Policy

7.1 Except as expressly provided otherwise in these User Terms, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Website, you grant the Service Provider a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorise others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.

7.2 In application of the measures of the modified law N 78-17 of January 6th, 1978 called “Informatique et Libertés“, every individual is granted the right to access, modify, rectify and delete the data concerning himself. The exercise of these rights can be made at any time by mail or e-mail at the following addresses:

NOWFASHION SARL

Privacy Policy

22 rue de la Verrerie

75004 Paris, FRANCE

7.3 Any Use of the Website is registered. The User is informed about the faculty of the Service Provider to set up automatic data collectors in order to identify the User and trace his successive visits on the Website. In certain cases, the User can be asked to supply personal data for statistical purposes. Moreover, the User is informed about the fact that Service Provider can use these data for direct marketing purposes concerning products or similar services. User can access these data and can oppose at any time, free of charge, to these uses by writing at the address indicated above.

Any transfer to third parties (such as commercial partners, etc.) of these data will be subjected to preliminary agreement of the User.

The Service Provider commits to take all technical precautions in order to protect the security of the personal data, in particular to prevent that they are deformed, damaged or communicated to non-authorized parties.

8 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IT IS”, AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.  
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.  
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE.

9  Termination or suspension of access to the Website

Service Provider has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.

10 Jurisdiction  
Service Provider makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of France applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a court in France. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such court.

11 Associated Press

The following provision applies to all visitors to the Website (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content). By accessing this Website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorised commercial use of Associated Press materials or any portion thereof at any time.

If you don’t agree to the terms contained in this User Terms and Conditions, please exit the Website by clicking the “back” button on your browser to return to the previous page.

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